Key Prosecutor Says Menendez Brothers Could Have Different Fates as Resentencing Hearing Looms

A California prosecutor said this week that Lyle and Erik Menendez’s cases are being handled separately as the brothers seek clemency or resentencing for killing their parents in 1989.

Los Angeles District Attorney Nathan Hochman told NBC that he is reading thousands of prison files related to the Menendez case. Hochman replaced Los Angeles County District Attorney George Gascón, who had announced he was seeking to have the pair resentenced to 50 years in prison, which would instantly make them eligible for parole.

READ: Governor Halts Menendez Brothers’ Clemency Bid After Key Prosecutor Loses Re-Election

Before losing re-election, Gascón supported the Menendez brothers’ bid for clemency. However, Governor Gavin Newsom deferred the clemency bid after Gascón lost to Hochman — who has not revealed his position on resentencing or clemency for the brothers.

Variety reported that since taking office, Hochman removed two deputy district attorneys who were heavily involved in the Menendez brothers’ resentencing bid. Nancy Theberge allegedly received notice that she would be involuntarily transferred to the office of the Alternate Public Defender, while Brock Lunsford will be moved out of the prosecutor’s post-conviction unit. However, Lunsford will remain in the prosecutor’s office in some capacity.

In 1989, Erik and Lyle Menendez, then 18 and 21, purchased two shotguns with cash and used them to kill their parents, Jose and Kitty Menendez, at their Beverly Hills home. Investigators originally suspected the mafia was behind the slayings. However, a break in the case occurred in 1990 when Erik Menendez confessed to a therapist.

Evidence of Erik and Lyle Menendez’s father molesting them was presented at their first trial — which ended with a hung jury. However, those details were not as prominent during the second trial, resulting in their convictions.

In an email obtained by TMZ, Bryan Freedman, who is representing 20 relatives of the victims, admonished Hochman for only talking with one family member. Freedman claimed the family member who spoke with Hochman is against resentencing for the Menendez brothers. Their hearing is scheduled for January 30 and 31, 2025.

“Instead of wanting to meet with the victims family members that can share their own personal experiences of years watching and speaking directly with Lyle and Erik, you chose to meet with Milton Anderson’s attorney first … It does not make any sense to my client,” Freedman allegedly wrote to Hochman. “Anderson has no personal knowledge of how Lyle and Erik have behaved while incarcerated nor can he opine on whether they are a threat to society since he has not interacted with them in any way.”

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[Feature Photo: California Department of Corrections]