close
close

Association-anemone

Bite-sized brilliance in every update

New Los Angeles District Attorney Nathan Hochman talks about the Menendez brothers’ fight for freedom
asane

New Los Angeles District Attorney Nathan Hochman talks about the Menendez brothers’ fight for freedom

LOS ANGELES — As calls grow for the Menendez brothers to be released from prison, the 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 the DA, defeating incumbent George Gascón, and will take office in December. The election took place a few weeks after Gascón announced it recommending that the Menendez brothers be convicted and eligible for immediate parole.

Hochman questioned the motivation behind Gascón’s decision to support the conviction so close to the election.

RELATED: What’s next for the Menendez brothers? A look at their life in prison and 3 paths to freedom

“Part of the problem with the timing of Gascón’s decision is that there is a cloud over that credibility. Is it a fair decision or was it just a political ploy?” Hochman said.

“There will be no cloud over the decision I will make,” he added.

Gascón denied that his decision was politically motivated, telling ABC News: “I think they should be released and they should be released cleanly, according to the law.”

“I base my decision on the analysis of 30 years of … information about their behavior, as well as a very thorough understanding of the facts for which they were convicted and the elements of the crime,” Gascón said. “So my decision was properly 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 argued the brothers acted in self-defense after enduring years of sexual abuse from their father, but prosecutors argued they killed for money.

Lyle, left, and Erik, right, on April 12, 1991

Lyle, left, and Erik, right, on April 12, 1991

APP Photo/Kevork Djansezian

The first trial, which had separate juries for each brother, ended in a mistrial. 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 life sentences without parole.

As Gascón’s appeal to convict the brothers moves through the courts, Hochman — who is set to take office Dec. 2 — said he plans to read the alleged new evidence, trial transcripts, confidential prison files and interviews with family, attorneys and law enforcement.

“What these files say is too important an issue to delegate to someone else. I have to do the work myself,” he told ABC News.

The next resentencing hearing is on December 11. Hochman, a former federal prosecutor, said he would “work as quickly as possible,” adding, “If we need some additional time to formulate our position, I will ask the court for that.”

“I will not ask for delay, just for the sake of delay,” he added. “We’re going to ask for the minimum time necessary to do this work, because we owe it to the Menendez brothers, we owe it to the victim’s family members, we owe it to the public to make this right decision.”

The brothers’ case was thrust back into the spotlight this fall with Netflix’s release of a scripted series and a documentary — and now a new generation is demanding their release.

“If you decide this case based solely on a review of a Netflix documentary, you’re doing the Menendez brothers, the victims’ family members, the public a disservice,” Hochman said.

The Menendez brothers have three possible paths to freedom.

One way is through resentment. Gascón announced last month that he was recommending that the brothers’ life sentences without the possibility of parole be removed, and that they should instead be convicted of murder, which would carry 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 sentencing recommendations take into account factors such as the defendants’ age, psychological trauma or physical abuse that contributed to the crime and their rehabilitation in prison. Gascón praised the work Lyle and Erik Menendez have done behind bars to rehabilitate and help other inmates.

RELATED: ‘IMPACT x Nightline’ revisits the controversial case of ‘Menendez Brothers: Monsters or Victims?’

The second way is the request of the brothers for clemency, which they have submitted to California Governor Gavin Newsom.

The third avenue is their habeas corpus petition, which was filed last year to review new evidence that was not presented at trial.

One proof is the allegations of a former member of the boy band 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 the 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 November 25.

ABC News’ Alex Stone, Jenna Harrison and Ashley Riegle contributed to this report.

Copyright © 2024 ABC News Internet Ventures.