A judge will hear a motion Friday requesting that the Los Angeles County district attorney and his entire office be removed from the highly publicized case involving the possible resentencing of convicted murderers Erik and Lyle Menendez.
The motion was filed by the defense, who argue that District Attorney Nathan Hochman and the D.A.’s Office are biased against the brothers.
“The family does not want to go through this charade anymore with the D.A.,” defense attorney Mark Geragos said. “What’s obvious to anyone, I think, who has a couple of synapses that are still firing is this is a D.A. who made up his mind and did no hard work in terms of his position.”
The Menendez brothers were sentenced to life in prison without the possibility of parole in 1996 for the shotgun murders of their parents, Kitty and Jose Menendez, in their Beverly Hills home.
Hochman believes that the brothers, who were 18 and 21 at the time, have not taken full responsibility for the crime, citing the violence of their actions.
“The brutality of this murder,” Hochman said. “Thirteen shotgun blasts. Again, one through the back of the father’s head. One to the mother at point-blank range as she lay dying on the ground. And then through the kneecaps after each one was dead in order to stage it as a mafia killing.”
Former D.A. George Gascón recommended a sentence reduction for the brothers in October, but Hochman, who was elected to the office in November, has opposed the resentencing.
Loyola Law School Professor Jessica Levinson described the motion for removal as very aggressive. “They’re asking not just for one or two prosecutors to be disqualified but the entire office,” Levinson said.
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