Los Angeles District Attorney Opposes Menendez Brothers’ Recusal Motion in Resentencing Case
Van Nuys, California – May 5, 2025 – Los Angeles County District Attorney Nathan Hochman is vigorously opposing a motion by Erik and Lyle Menendez to recuse his office from their resentencing proceedings, arguing that the request lacks legal merit and is a tactic to sidestep their ineligibility for a reduced sentence. The motion, filed by the brothers’ defense team on April 25, 2025, claims Hochman’s office cannot ensure a fair hearing due to alleged bias and conflicts of interest. A hearing before Superior Court Judge Michael Jesic is scheduled for May 9, 2025, to determine whether the DA’s office will be disqualified from the case.
Background of the Case
Erik and Lyle Menendez, convicted in 1996 for the 1989 murders of their parents, José and Kitty Menendez, are serving life sentences without parole. The brothers, who admitted to the killings but claimed self-defense due to years of alleged sexual and physical abuse by their father, have pursued multiple avenues for release. In October 2024, former DA George Gascón recommended resentencing to 50 years to life, which would make them immediately eligible for parole, citing their rehabilitation and abuse claims. Hochman, elected in November 2024 on a tough-on-crime platform, withdrew Gascón’s motion in March 2025, arguing the brothers have not taken full responsibility for their actions and maintain “lies” about self-defense.
The Recusal Motion
The Menendez defense, led by attorney Mark Geragos, filed a 160-page motion asserting that Hochman’s office is biased, rendering a fair resentencing hearing unlikely. Key allegations include:
- Conflict of Interest: The defense claims Hochman appointed Kathleen Cady, attorney for Milton Andersen—the only family member opposing resentencing—as head of the DA’s Office of Victim Services, despite her conflict of interest. Cady, a board member of Justice for Murdered Children, attended an April 13, 2025, rally where Hochman spoke, and the group condemned the brothers’ resentencing.
- Selective Family Input: The motion argues Hochman primarily consulted Andersen, ignoring 24 family members supporting resentencing, who feel “re-traumatized” by the DA’s actions, including the display of graphic crime scene photos without warning at an April 11 hearing.
- Bias and Public Statements: Geragos contends Hochman’s public dismissal of the brothers’ abuse claims and his “hostile” tone in meetings with family members show prejudice.
The defense seeks recusal under California Penal Code 1424, arguing that a conflict of interest risks unfair treatment. If denied, Geragos plans to request an evidentiary hearing to call Hochman and others to testify.
DA’s Opposition
In a 15-page filing on May 2, 2025, Hochman’s office, represented by Deputy DAs Habib Balian, Ethan Milius, and Seth Carmack, dismissed the recusal motion as a “desperate and drastic” attempt to avoid the resentencing issue. The DA’s arguments include:
- No Legal Basis: The filing asserts that disagreements over resentencing do not constitute a conflict of interest, describing the defense’s claims as conflating “zealous advocacy” with bias. It argues the motion fails under California law, which requires evidence of actual prejudice.
- Prosecutorial Discretion: Hochman’s office defends its consultation with Andersen as part of weighing victim input, emphasizing that prosecutorial decisions are guided by legal standards, not family consensus.
- Cady’s Role: The DA claims Cady was “walled off” from the Menendez case to avoid conflicts, and her appointment to Victim Services is unrelated to the proceedings.
- Commitment to Fairness: Hochman insists his office has conducted an impartial review, analyzing over 10,000 pages of trial transcripts, prison records, and testimony, and remains open to resentencing if the brothers admit to their “lies” and accept full responsibility.
The DA’s filing urges Judge Jesic to deny the motion summarily, arguing it lacks merit and an evidentiary hearing is unnecessary.
Recent Developments
The resentencing process has faced multiple delays. On April 12, 2025, Judge Jesic denied Hochman’s motion to withdraw Gascón’s resentencing petition, allowing proceedings to continue. A planned April 17-18 hearing was postponed to May 9 after a dispute over a parole board risk assessment report, requested by Governor Gavin Newsom, which Hochman argued was relevant but unavailable to the court. The May 9 hearing will address both the recusal motion and the report’s admissibility.
The brothers are also pursuing a habeas corpus petition, filed in 2023, citing new evidence—a letter by Erik detailing abuse and allegations by former Menudo member Roy Rosselló of rape by José Menendez. Hochman has opposed this, deeming the evidence inadmissible. Additionally, a clemency petition is under review, with Newsom awaiting the parole board’s June 2025 assessment.
Public and Family Sentiment
The case, reignited by Netflix’s 2024 series Monsters: The Lyle and Erik Menendez Story, has polarized public opinion. Posts on X, such as @BrianEntin’s, reflect Hochman’s stance on the brothers’ lack of responsibility, while @FreeMenendez35 celebrated Gascón’s initial support. The Menendez family, except Andersen (who died in March 2025), strongly supports resentencing, with cousin Anamaria Baralt criticizing Hochman’s approach as “re-traumatizing.” Geragos has called Hochman’s actions “showboating,” accusing him of ignoring cross-examination evidence from the 1993 mistrial.
Significance and Next Steps
The recusal battle underscores tensions between Hochman’s tough-on-crime stance and the brothers’ defense, which leverages growing awareness of abuse and rehabilitation. If the recusal motion is denied, the resentencing hearing could proceed, with Jesic deciding whether to reduce the brothers’ sentences to manslaughter or a parole-eligible term. A grant of recusal would shift the case to another prosecutorial entity, potentially altering its trajectory. The outcome of the May 9 hearing will be pivotal, alongside the broader clemency and habeas efforts, as the Menendez brothers continue their 35-year fight for freedom.