Judge to Remove LA District Attorney from Menendez Brothers Case?

Introduction to the Case

The Menendez brothers, Lyle and Erik, are seeking to have their life-without-parole sentences reduced for the 1989 shotgun murders of their parents at their Beverly Hills mansion. A judge is expected to hear arguments on two matters before resentencing can move forward.

What to Know

• A judge is expected to hear arguments on two matters before resentencing can move forward for the Menendez brothers.
• One topic before Judge Michael Jesic is a recusal motion against the LA County District Attorney filed by the Menendez brothers’ attorney.
• A second hurdle is the admissibility of a Comprehensive Risk Assessment ordered by Gov. Gavin Newsom.
• Lyle and Erik Menendez are seeking to potentially have their life-without-parole sentences reduced for the 1989 shotgun murders of their parents at their Beverly Hills mansion.

The Recusal Motion

Another hearing related to Erik and Lyle Menendez was scheduled to take place Friday morning as the brothers’ defense lawyers seek to kick the entire Los Angeles County District Attorney’s Office off the resentencing matter. The attorneys for the brothers had accused LA District Attorney Nathan Hochman and his deputy district attorneys of having bias. Mark Geragos, the brothers’ lead attorney, claimed that ”absent recusal, a conflict of interest would render it likely that the defendants will receive neither a fair hearing nor fair treatment through all related proceedings” in a court filing.

Response from the District Attorney’s Office

The district attorney’s office said in a response to the filing that “there is absolutely no evidence or articulable explanation for any impermissible bias, let alone a conflict of interest.” California Attorney General Rob Bonta rejected the defense’s request this week to remove Hochman and his office from the case, saying the Menendez brothers’ attorneys failed to present evidence that meets the "stringent standards" for an office-wide recusal of the district attorney.

Admissibility of the Comprehensive Risk Assessment

The judge also wants attorneys to discuss the admissibility of a state parole board risk-assessment report involving the brothers. The risk assessment, conducted by public safety and forensic psychology experts, is typical procedure in cases involving prisoners up for parole. The Menendez brothers have not been recommended for parole, but Gov. Gavin Newsom said the risk assessment was started to provide transparency and more information before any next steps.

Next Steps

No new dates for a re-sentencing hearing have been set yet. State parole boards are set to conduct separate hearings June 13 for the brothers, then send their reports to Newsom to help him decide whether the two should receive clemency.

Conclusion

The Menendez brothers’ case has been ongoing for decades, and the recent developments have brought new attention to the case. The judge’s decision on the recusal motion and the admissibility of the Comprehensive Risk Assessment will be crucial in determining the next steps in the case. The brothers’ attorneys are seeking to ensure that they receive a fair hearing and treatment, while the district attorney’s office is arguing that there is no evidence of bias or conflict of interest.

FAQs

• What are the Menendez brothers seeking?
  The Menendez brothers are seeking to have their life-without-parole sentences reduced for the 1989 shotgun murders of their parents.
• What is the recusal motion about?
  The recusal motion is about the Menendez brothers’ attorneys seeking to remove the entire LA County District Attorney’s Office from the resentencing matter due to alleged bias.
• What is the Comprehensive Risk Assessment?
  The Comprehensive Risk Assessment is a report conducted by public safety and forensic psychology experts to provide transparency and more information before any next steps in the case.
• When will the state parole boards conduct separate hearings for the brothers?
  The state parole boards are set to conduct separate hearings June 13 for the brothers.
• What will happen after the hearings?
  After the hearings, the reports will be sent to Gov. Gavin Newsom to help him decide whether the two should receive clemency.