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Erik Menendez's Wife Tammi Sends Him a Birthday Message Amid Resentencing Delay
Lyle Menendez and Eric Menendez's case is moving forward differently.
Weeks after Los Angeles County District Attorney Nathan Hochman announced that his office informally opposed the brothers’ request for a new trial in the 1989 murders of their parents Jose Menendez and Kitty Menendez, he shared that his office had withdrawn former D.A. George Gascón’s previous recommendation to reduce their sentences.
“We are asking the court to withdraw the previous district attorney's motion for resentencing because we believe there are legitimate reasons, and the interests of justice justify that withdrawal,” he said during the March 10 press conference. However, he added, “We are prepared to go forward with the court’s initiated resentencing proceedings and look forward to a resentencing hearing on the motion.”
Gascón announced his support for the brothers’ resentencing in October, recommending that the brothers, who are currently serving life sentences without possibility for parole, should be eligible for parole. Since they were both under 26 during their parents’ killing, they would have been eligible for parole immediately with the new recommended sentence of 50 years in prison with the possibility for parole.
Hochman slammed the Menendez brothers’ claims of self-defense during their trials and beyond, calling them “lies.” However, his office plans to offer them a “path” to freedom with their resentencing request.
He said that he would require the brothers to “unequivocally, sincerely and fully accept complete responsibility for all
their criminal actions, acknowledge that the self-defense defense was phony and that their parents weren’t going to kill them the night of Aug. 20.”
He said if they “acknowledge all these lies,” then, in the future, “the court can weigh these new insights into making a determination into whether they now qualify for rehabilitation and resentencing.”
Hochman also shared insight into the “key hallmarks of resentencing,” including whether the defendants “pose an unreasonable risk of danger to the community.”
Los Angeles Times / Getty Images
He cited one way to “understand” signify whether this is the case is to see if they have “accepted and exhibited full insight into the crimes that they have committed and accepted complete responsibility for their criminal actions.”
Hochman emphasized that his office opposed the habeas petition—which the Menendez brothers’ attorneys filed based on newly discovered evidence, including a letter Erik wrote to his cousin alleging abuse by his father—did not meet the “legal standard to warrant a new trial.”
When Hochman announced the opposition in February, he noted that he hadn't decided whether to support a resentencing bid. Meanwhile, California Governor Gavin Newsom shared that he would agree with Hochman's decision regarding moving forward on the resentencing efforts.
“The Governor respects the role of the District Attorney in ensuring justice is served and recognizes that voters have entrusted District Attorney-elect Hochman to carry out this responsibility,” Newsom’s office said in a statement in November. “The Governor will defer to the D.A.-elect's review and analysis of the Menendez case prior to making any clemency decisions.”
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