New DA speaks out on Menendez brothers’ fight for freedom

As calls grow for the Menendez brothers to be released from prison, the incoming Los Angeles County district attorney says he has a lot of evidence to review before showing his support.
Nathan Hochman won last week’s election for DA, beating incumbent George Gascón in a landslide, will take office in December. The election came weeks after Gascón announced his recommendation that the Menendez brothers be resentenced and eligible for parole immediately.
Hochman questioned the motivation behind Gascón’s decision to support resentencing so close to the election.
“Part of the problem with the Gascón timing of his decision is there’s a cloud over that credibility. Is it a just decision, or was it just a political ploy?” Hochman said.
“There will be no cloud over whatever decision I do,” he added.
Gascón denied his decision was politically motivated, telling ABC News, “I believe that they should be released and they should be released cleanly within the law.”
“I base my decision in the review of 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. “So my decision was appropriately based.”
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 by their father, but prosecutors alleged they killed for money.
The first trial, which had separate juries for each brother, ended in mistrials. In 1996, after the second trial — during which the judge barred much of the sex abuse evidence — the brothers were convicted and both sentenced to two consecutive terms of life without parole.
As Gascón’s appeal for the brothers’ resentencing makes its way through the courts, Hochman — who is set to take office on Dec. 2 — said he plans to read through the new alleged evidence, trial transcripts, confidential prison files and interviews with family, lawyers and law enforcement.
“What these files say is too important an issue to delegate to somebody else. I need to actually do the work myself,” he told ABC News.
The next hearing in the resentencing case is Dec. 11. Hochman, a former federal prosecutor, said he’ll “work as expeditiously as possible,” adding, “If we need some additional time to formulate our position, I’ll ask the court for it.”
“I’m not going to ask for delay, just for delay’s sake,” he added. “We’ll ask for the minimal amount of time necessary to do this work, because we owe it to the Menendez brothers, we owe it to the victim family members, we owe it to the public to get this decision right.”
The brothers’ case was propelled back into the spotlight this fall with Netflix’s release of a scripted series and a documentary — and now a new generation is calling for their release.
“If you decide this case based on just reviewing a Netflix documentary, you’re 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 resentencing. Gascón announced last month that he was recommending the brothers’ sentence of life without the possibility of parole be removed, and they should instead be sentenced for murder, which would be a sentence of 50 years to life. Because both brothers were under 26 at the time of the crimes, with the new sentence, they would be eligible for parole immediately, Gascón said.
The DA’s office said its resentencing recommendations take into account factors including the defendants’ ages, psychological trauma or physical abuse that contributed to carrying out the crime and their rehabilitation in prison. Gascón praised the work Lyle and Erik Menendez did behind bars to rehabilitate themselves and help other inmates.
The second path is the brothers’ request for clemency, which they’ve submitted to California Gov. Gavin Newsom.
The third path is their habeas corpus petition, which was filed last year for a review of new evidence not presented at trial.
One piece of evidence is allegations from a former boy band member who revealed last year that he was raped by Jose Menendez.
The second piece of evidence is a letter Erik Menendez wrote to his cousin eight months before the murders detailing his alleged abuse. The cousin testified about the alleged abuse at trial, but the letter — which would have corroborated the cousin’s testimony — wasn’t found until several years ago, according to the brothers’ attorney.
The next hearing on the habeas corpus petition is set for Nov. 25.
ABC News’ Alex Stone, Jenna Harrison and Ashley Riegle contributed to this report.