Menendez Bros. Urge L.A. DA's Recusal Amid 'Gaslighting' and 'Shenanigan' Allegations

In their attempt to pursue a fresh trial or a retrial, Lyle and Erik Menendez have submitted a strongly worded motion asking for the removal of the District Attorney’s office from being involved in the proceedings.

"The document indicates a disagreement that makes it improbable Erik and Lyle will get a fair new sentencing hearing; therefore, recusal is appropriate," the 160-page submission reads.

The high-profile case concerning the well-known brothers—who have spent 35 years behind bars for murdering their parents, Jose and Kitty, in their Beverly Hills residence back in 1989—has seen numerous ups and downs throughout the last half-year. In October, former District Attorney George Gascón sought to lessen their punishment from life imprisonment without the possibility of parole to 50 years before eligibility for release. If approved, this change would render them qualified for parole right away. However, after Gascón’s defeat in the November elections, new District Attorney Nathan Hochman took a different stance and rescinded Gascón's proposal for reduced sentencing.

The opinions of the family regarding ongoing punishment differ significantly from those of the new District Attorney," the filing states. "Their perspectives are completely opposite.

The lawyers for the brothers highlighted several conflicts concerning Hochman, who acknowledged that he had previously communicated with Kathleen Cady, the attorney representing Milton Andersen—the sole family member against resentencing. The document notes that less than two weeks after this admission, Mr. Hochman chose Ms. Cady to lead the Department of Victim Services.

"The District Attorney’s actions in this case represent a new level of gaslighting," asserts Mark Geragos, who represents the brothers, states. The News Pulse .

The document criticizes the District Attorney for failing to carry out the desires of the Menendez family.

The motion went on to state that not a single family member, whose opinions differed from those of Ms. Cady’s previous client, had been reached out to by anyone from the District Attorney's victim services department. These relatives consistently maintained that almost three and a half decades behind bars were sufficient, and they believed that both Erik and Lyle deserved a new sentencing hearing.

The well-known case of the Menendez brothers has inspired various film and television adaptations throughout the years, including Ryan Murphy’s highly rated “ Monster” miniseries on Netflix last autumn.

Since October, progress on the case has been extremely slow. On April 17, the court delayed a hearing intended to assess the acceptability of the state parole board’s risk evaluations—ordered by Governor Gavin Newsom of California—after Judge Michael Jesic admitted that he hadn’t reviewed the document. The prosecution team, having already gone over the report, contended they ought to have permission to utilize it and requested an extension for all parties involved to thoroughly examine it.

In February, Governor Newsom instructed the parole board to conduct a comprehensive risk evaluation of the Menendez Brothers As part of their efforts to secure a reduced sentence and possible release, they proceeded with this step. After completing the review, the board’s decision led prosecutors to ask for a postponement of the resentencing hearing.

While the public was instructed not to share these reports because of the Governor’s executive privilege and for additional reasons, the Governor's office has encouraged the court to seek these documents for potential use during the upcoming resentencing hearing," the document stated. "It is unjustifiable for the court to lack access to the latest and most comprehensive risk evaluations prior to rendering any new sentencing determinations in this matter.

On April 11, Kitty and José Menendez’s family submitted an official complaint along with a request urging the District Attorney to adhere to what is known as Marsy's Law. They made this move because they had unexpectedly encountered disturbing images from the crime scene at a recent court proceeding.

"The Menendez family released a statement saying they never thought they’d have to struggle for basic respect and dignity,” said the family’s written message. ‘Suddenly, without any prior notice, the District Attorney’s office presented horrifyingly detailed images of our dear relatives’ deceased bodies. There wasn’t even an attempt at consideration or kindness from them. The whole clan felt traumatized all over again; once by seeing those disturbing visuals and then doubly so as Terry had to be admitted into hospital soon afterward. Unfortunately, she still needs intensive care unit support,’" the family explained.

On Friday’s highly anticipated filing, the lawyers representing the brothers stated: “Erik and Lyle Menendez have a right to receive a just retrial proceeding. Regardless of their stance on resentencing, Jose and Kitty Menendez’s relatives should also be granted a fair sentencing procedure. Moreover, the general public deserves a judicial process that seems equitable. Given these circumstances which present 'a plausible chance that the District Attorney’s office might not handle its discretionary duties with impartiality,' coupled with the real threat that Erik and Lyle could ‘face unfair treatment at certain stages of the…proceedings,’ recusal is necessary.”

More from The News Pulse

• The Menendez Brothers' family expressed gratitude to Gavin Newsom for considering a risk assessment before making a clemency decision.
• Menendez Case: New District Attorney Reassigns Deputies Seeking Retrial