Menendez Brothers’ Freedom Uncertain Under New DA Nathan Hochman.

Erik and Lyle Menendez, serving life sentences for the 1989 murder of their parents, are facing an uncertain future as their case is now under the jurisdiction of newly appointed Los Angeles District Attorney Nathan Hochman. Hochman, who recently defeated controversial former DA George Gascón, assumes office with the Menendez case looming large. Gascón, during his tenure, had supported efforts for the brothers’ release, despite their admissions of guilt, citing their good behavior in prison.

Hochman, a Beverly Hills native, has expressed a “hard middle approach” to crime, signaling a more cautious stance on the case. From day one in office, he gained access to extensive prison files, trial transcripts, and other relevant documents, pledging to carefully review the brothers’ motions, appeals, and petitions for clemency.

One of the most significant recent developments in the case comes from the Peacock docuseries Menendez + Menudo: Boys Betrayed, which revealed new allegations of sexual abuse against the brothers’ father, Jose Menendez. This revelation adds weight to their legal team’s request for a habeas corpus hearing, which could potentially lead to their release or a reduction of charges.

The case gained renewed attention with the Netflix series Monsters: The Lyle and Erik Menendez Story, prompting the brothers’ attorney, Mark Geragos, to push for clemency. While the brothers initially sought to have their charges reduced to manslaughter, Gascón opposed the move, pushing instead for clemency from the governor. However, on November 18, 2022, California Governor Gavin Newsom decided to defer the clemency request to Hochman, further delaying the Menendez brothers’ potential release. A status conference on their case has been set for January 30-31, 2023.

Legal experts believe the case is heavily influenced by politics, especially with the recent shift in leadership. John J. Perlstein, a veteran litigator, noted that if politics weren’t a factor, the brothers might have already been resentenced with the possibility of parole. Hochman, however, may be hesitant to appear lenient given the current political climate, which played a role in Gascón’s removal from office.

Many consider it more politically advantageous for Hochman to uphold the original sentences rather than take a risk by showing leniency.

At the same time, family members of the Menendez victims are now voicing support for the brothers’ release, urging Hochman to consider mitigating factors. Hochman has said that despite the high-profile media coverage, the case will receive no special treatment and will be analyzed like any other. As Hochman carefully weighs the legal, political, and emotional dimensions of the case, the future of the Menendez brothers’ fate remains uncertain.

The case of Erik and Lyle Menendez continues to stir debate, particularly now under the new leadership of Los Angeles District Attorney Nathan Hochman. While the brothers’ crime—murdering their parents in 1989—is undeniable, the question of whether their prison sentences should be reconsidered is more complex. Under former DA George Gascón, their good behavior and the trauma they experienced were central to efforts for their release. Hochman’s more conservative stance could lead to the brothers remaining incarcerated.

 

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