close
close

Apre-salomemanzo

Breaking: Beyond Headlines!

New prosecutor speaks out on Menendez brothers’ fight for freedom
aecifo

New prosecutor speaks out on Menendez brothers’ fight for freedom

As calls multiply for Menéndez brothers to be released from prison, Los Angeles County’s new district attorney says he has plenty of evidence to review before showing support.

Nathan Hochman won last week’s election for DA, defeating incumbent George Gascón in an overwhelming majority, and will take office in December. The elections took place a few weeks later Gascón recommended that the Menendez brothers be resentenced and eligible for parole immediately.

Hochman questioned the motivation behind Gascón’s decision to support re-sentencing so close to the election.

“Part of the problem with the timing of Gascón’s decision is that there is doubt about that credibility. Was it a fair decision, or was it just a political ploy?” » Hochman said.

“Whatever decision I make, there will be no doubt,” he added.

Gascón denied his decision was politically motivated, telling ABC News: “I believe they should be released and they should be released cleanly, within the law.”

“I base my decision on reviewing 30 years of information about their behavior, as well as a very thorough understanding of what they were convicted of and the elements of the crime,” Gascón said. “My decision was therefore well founded.”

The infamous case dates back to 1989, when Lyle Menendez, then 21, and Erik Menendez, then 18, shot and killed their parents, Jose and Kitty Menendez, in the family’s Beverly Hills home. The defense claimed the brothers acted in self-defense after enduring years of sexual abuse at the hands of their father, but prosecutors said they killed for money.

The first trial, which had separate juries for each brother, ended in a mistrial. In 1996, after the second trial – in which the judge excluded much of the evidence of sexual abuse – the brothers were convicted and both sentenced to two consecutive life sentences without the possibility of parole.

As Gascón’s appeal for the brothers’ resentencing makes its way through the courts, Hochman — who is expected to take office Dec. 2 — said he plans to read the alleged new evidence, trial transcripts , confidential prison records and interviews with family, lawyers and law enforcement.

“What these records say is too important an issue to delegate to anyone else. I have to do the work myself,” he told ABC News.

The next hearing in the resentencing case will take place on December 11. Hochman, a former federal prosecutor, said he would “work as quickly as possible,” adding: “If we need more time to formulate our position, I will ask the court for that.”

“I’m not going to ask for a delay, just for fun,” he added. “We will ask for the minimum amount of time necessary to do this work, because we owe it to the Menendez brothers, we owe it to the victims’ family members, we owe it to the public to make this decision correct.”

The brothers’ case was brought back into the spotlight this fall with Netflix’s release of a scripted series and documentary — and now a new generation is calling for their release.

“If you decide this case based simply on watching a Netflix documentary, you are doing a disservice to the Menendez brothers, to the victims’ family members, to the public,” Hochman said.

The Menendez brothers have three possible paths to freedom.

One path is through re-conviction. Gascón announced last month that he recommended that the brothers’ sentence of life without parole be removed, and that they should instead be sentenced for murder, which would amount to a sentence of 50 years to life. Since both brothers were under 26 at the time of the crimes, with the new sentence they would be immediately eligible for parole, Gascón said.

The prosecutor’s office said its recommendations for resentencing took into account factors such as the defendants’ age, psychological trauma or physical abuse that contributed to the commission of the crime and their return to prison. Gascón praised the work Lyle and Erik Menendez have done behind bars to rehabilitate themselves and help other inmates.

The second path is that of the brothers request for mercywhich they submitted to California Governor Gavin Newsom.

The third avenue is their petition for habeas corpus, which was filed last year for a review of new evidence not presented at trial.

One piece of evidence is the allegations of a former boy band member who revealed last year that he was raped by José Menendez.

The second piece of evidence is a letter Erik Menendez wrote to his cousin eight months before the murders, detailing the alleged abuse. The cousin testified about the alleged abuse at trial, but the letter — which allegedly corroborated the cousin’s testimony — was not found until several years ago, according to the brothers’ attorney.

The next hearing on the habeas corpus petition is set for November 25.

ABC News’ Alex Stone, Jenna Harrison and Ashley Riegle contributed to this report.

Copyright © 2024 ABC News Internet Ventures.