Menendez Brothers Demand LA District Attorney's Removal From Resentencing Case Over Conflict Claims

Menendez Brothers Push to Disqualify LA District Attorney in Heated Resentencing Battle

The legal drama surrounding Erik and Lyle Menendez, the infamous brothers serving life without parole for the 1989 killing of their parents, just got another plot twist. Their attorney, Mark Geragos, has filed a motion aiming to kick Los Angeles County District Attorney Nathan Hochman and his entire office off the brothers' resentencing case, citing a serious "conflict of interest." The motion is now in the hands of Superior Court Judge Michael Jesic.

The Menendez brothers have spent 35 years behind bars, arguing that years of sexual abuse by their father drove them to commit the murders in their Beverly Hills home. While their first trial in 1994 ended in a mistrial, the second trial in 1996 sealed their fates with convictions and life sentences. Now, they’re fighting for reduced sentences, and the stakes are sky-high.

According to court documents, the Menendez legal team claims that unless Hochman steps aside, the brothers can’t possibly get a fair hearing. They’re leaning on both the U.S. and California constitutions, along with state penal code, to back their call for disqualification. If the court doesn't grant the motion, Geragos is ready to push for an evidentiary hearing, planning to subpoena Hochman and others to testify about the alleged conflict.

The controversy centers on Hochman's recent staffing choices. After Hochman took office last November, he reportedly shuffled around deputy district attorneys Nancy Theberge and Brock Lunsford—who had met with 20 Menendez family members supporting resentencing—and hired Kathleen Cady, who represents the only Menendez family member opposed to resentencing, to head the Office of Victims' Services. Geragos argues this is like inviting the referee's cousin to play on one of the teams.

Cady’s involvement goes even deeper: she sits on the board of Justice For Murdered Children, which just last month, held a rally with Hochman as the headliner and openly condemned the brothers' resentencing bid. The brothers’ legal team also accuses Cady of ignoring Menendez family members in her official capacity and failing to warn them about the display of graphic crime scene photos in court, which reportedly led to one family member being hospitalized from the shock. That's one way to make a court appearance unforgettable, but not in a good way.

The next big date in this legal rollercoaster is May 9, when the court will consider the motion. As the Menendez brothers continue their decades-long fight from behind bars, this battle over who gets to prosecute their case may end up being just as dramatic as the original trials themselves.