Erik and Lyle Menendez have filed a new motion calling for the district attorney involved in their case to recuse himself in an effort to secure a resentencing hearing for the pair.
The motion argues that “the record shows a conflict,” which makes it unlikely that the Menendez brothers will be able to receive a fair resentencing hearing as long as District Attorney Nathan Hochman is involved in their case.
In October, then-District Attorney George Gascón moved to have the pair’s sentence reduced from life without parole to 50 years to life, making them immediately eligible for parole. Unfortunately for the Menendez brothers, Gascón lost the November election, and his successor, Hochman, withdrew his predecessor’s resentencing recommendation upon entering office.
An attorney for the brothers, Mark Geragos, spoke to Variety about DA Hochman’s “shenanigans” and “next-level gaslighting,” which included speaking with Kathleen Cady, a lawyer representing the only Menendez family member to oppose resentencing, only to appoint Cady to be the new head of the Department of Victim Services two weeks later.
The brothers argue that the rest of the Menendez family supports the resentencing decision, and the motion states, “The views of the family as to continued punishment do not align with the views of the new District Attorney… They are a full 180 degrees apart.”
The motion also criticizes the DA for failing to contact any supportive family members, stating, “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.”
It continues, “These family members shared their consistent view that nearly 35 years in prison was enough and Erik and Lyle should indeed be resentenced.”
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