Los Angeles County District Attorney Eric Hochman has moved to withdraw a resentencing petition for Lyle and Erik Menendez, arguing that the brothers’ persistent claims of self-defense undermine their eligibility for reconsideration. Hochman asserts that the Menendez brothers, who were convicted of the 1989 murders of their parents, Jose and Kitty Menendez, have not met the standards for rehabilitation.
Disputing the Defense
Speaking with reporter Aaron Gutman, Hochman confirmed that his office has compiled a list of 20 alleged falsehoods told by the brothers since their conviction. While he noted that they have admitted to four of these, he emphasized that 16 crucial claims—central to their self-defense argument—remain unacknowledged.
“The essence of that checklist is that they’d have to finally admit after 30 years that they killed their parents willfully, deliberately, and in a premeditated fashion—not because they believed their parents were going to kill them that night,” Hochman told ABC News.
Hochman stopped short of taking a personal stance on whether the brothers deserve to die in prison, saying, “My personal belief is completely irrelevant. What I do is follow the facts and the law in each case.”
Sexual Abuse Allegations Disputed
The Menendez brothers and some surviving family members have long claimed that they endured horrific sexual abuse at the hands of their father, a claim central to their defense. However, Hochman has taken a skeptical stance, arguing that sexual abuse was never formally used as a defense for their murder charges.
“There was no corroboration from another adult, a friend, a coach, or a teacher in 12 years,” Hochman told ABC News. “Was there evidence presented at trial? Yes. Was it the defense that the Menendezes used to justify first-degree murder? Absolutely not.”
His remarks have drawn criticism from family members who advocate for the brothers’ release. One cousin described Hochman’s tone as “hostile, dismissive, and patronizing.”
Upcoming Court Dates
A hearing on the DA’s motion to withdraw the resentencing petition is scheduled for April 11. If the court allows the process to continue, a resentencing hearing may take place on April 17 and 18. If a judge rules that the brothers should be eligible for parole review, Hochman indicated that his office would assess the legal justification before deciding whether to appeal.
“If the judge does his job and looks at all the factors, reaching a different conclusion than us—but one that the law also supports—we would not be in a position to appeal that,” Hochman stated.
Broader Efforts for Release
Beyond the resentencing petition, the Menendez brothers have pursued two additional paths to potential freedom. In 2023, they filed a habeas corpus petition citing new evidence: a letter Erik Menendez wrote to his cousin detailing alleged abuse, and an account from a former boy band member who claims he was raped by Jose Menendez. Hochman’s office has moved to deny this petition, arguing that the new evidence lacks credibility.
The brothers have also sought clemency from California Governor Gavin Newsom. On February 26, Newsom ordered a 90-day review by the parole board to assess whether they pose a public risk if released.
As the legal battle continues, the Menendez family remains divided. Supporters insist that the brothers have accepted responsibility, reformed in prison, and should be given a second chance. Hochman, however, remains firm in his assessment, stating that the facts do not support leniency.
The Menendez family is expected to speak publicly about the case later this week.
Keep up with the Menendez brothers’ legal battle with us on Que Onda Magazine.
