Menendez Brothers File for DA to Recuse Himself From Case, Citing Continued Efforts to Block Resentencing

Erik and Lyle Menendez filed a motion Friday to recuse Los Angeles District Attorney Nathan Hochman from their case. In the court documents, obtained by TheWrap, the brothers insist, “The record shows a conflict that renders it unlikely Erik and Lyle can receive a fair resentencing hearing, recusal is proper.”

In October former District Attorney George Gascón moved to reduce the brothers’ sentence from life without parole to 50 years to life, a change that would have made them immediately eligible for parole. He lost November’s election to Hochman, who immediately withdrew the recommendation.

The brothers also spoke out about Hochman for failing to follow through with the wishes of the Menendez family. “No-one from the District Attorney’s victim services department has contacted even a single one of the family members whose views conflicted with the views of Ms. Cady’s former client,” the filing reads.

“These family members shared their consistent view that nearly 35 years in prison was enough and Erik and Lyle should indeed be resentenced.”

“The views of the family as to continued punishment do not align with the views of the new District Attorney,” the documents also read. “They are a full 180-degrees apart.”

Hochman also spoke with Kathleen Cady, the lawyer representing Milton Andersen — “the only family member to oppose resentencing,” the documents read, about taking over as the head of the Office of Victim Services. She got the job two weeks after that admission. Cady filed a notice of withdrawal as Andersen’s legal representation, but Hochman insisted to the court she had been “walled off” from the brothers’ case.

Despite that claim, the filing continues, “no-one from the District Attorney’s victim services department has contacted even a single one of the family members whose views conflicted with those of Ms. Cady’s former client.”

“The treatment the victims family has received from victim services under Ms. Cady’s leadership is starkly inconsistent with the treatment they received from prior administration,” the documents add.

Cady and Hochman also allegedly attended a meeting of crime victim advocacy groups in April, during which Hochman was presented as a featured speaker for Justice for Murdered Children. That organization held an event on April 13 that Cady and Hochman attended, and a photo from the event ran with the caption “Crime victim advocacy group gathers in San Pedro to condemn Menendez brothers’ resentencing.”

Some of the people at the event, including the founder of Justice for Murdered Children, allegedly “used the time to share how the resentencing of the Menendez brothers would undermine justice for crime victims.”

After an increase in interest in the brothers due to various film and TV retellings of their story, including Ryan Murphy’s 2024 Netflix limited series “Monster,” the brothers’ case has slowed since Hochman’s election. In February cousins of the brothers celebrated Governor Gavin Newsom’s calls for clemency.

“This is a pretty exciting time for us as the family of Erik and Lyle Menendez,” said Anamaria Baralt, a first cousin. Newsom had called for a period of risk assessment by the parole board, a first step toward their release. But on April 17 the court postponed a hearing that would have introduced that assessment after Judge Michael Jesic said he had not read the compiled report.

Also in April, family members of Kitty and José Menendez filed a complaint to ask Hochman to comply with Marsy’s Law, added to the California Victim’s Bill of Rights in 2008. The law makes sure victims of crimes equal rights with the accused and convicted.

The family members were shocked when graphic photos of the crime scene were shown during a court hearing. “We never imagined we would have to fight to be treated with respect and dignity,” they wrote in a statement.

“Without warning, the District Attorney’s Office displayed gruesome, graphic photos of our loved ones’ bodies. No heads-up, no compassion, no humanity. Our entire family was re-traumatized, first by the graphic display, and again when Terry was hospitalized shortly after. She remains in the ICU today.”

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