The attorney for convicted murderers Erik and Lyle Menendez has filed a motion to disqualify Los Angeles County District Attorney Nathan Hochman and his office from handling the brothers’ resentencing case.
Attorney Mark Geragos, along with his co-counsel, submitted the motion on Friday, claiming there is a “conflict of interest.” The motion is now being considered by Los Angeles County Superior Court Judge Michael Jesic, who is overseeing the case.
The Menendez brothers are currently serving life sentences without the possibility of parole for the murder of their parents in 1989 and are seeking reduced sentences.
Defense Attorney Mark Geragos arrives at the Van Nuys courthouse in Los Angeles for a hearing regarding Erik and Lyle Menendez on Monday, Nov. 25, 2024. (AP Photo/Damian Dovarganes)
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The next hearing is set for May 9.
“This motion is brought forth under the United States Constitution and California’s Constitution, along with California Penal Code 1424, arguing that without recusal, the conflict of interest could hinder the defendants from receiving a fair hearing and treatment in the proceedings,” the document states.
View the Menendez brothers’ filing:
If the motion is rejected, Geragos plans to request an evidentiary hearing to demonstrate to the court that a conflict of interest exists and intends to have Hochman and others testify.
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Los Angeles County District Attorney Nathan Hochman discusses the resentencing of Erik and Lyle Menendez during a news conference in downtown Los Angeles on Friday, Jan. 3, 2025. (AP Photo/Damian Dovarganes, File)
The motion focuses on an attorney recently appointed by Hochman to staff the district attorney’s office.
Last October, former Los Angeles County District Attorney George Gascon indicated he was contemplating a request for the resentencing of the Menendez brothers.
Subsequently, over 20 family members of the Menendez brothers who supported resentencing met with deputy district attorneys Nancy Theberge and Brock Lunsford.
One family member, Milton Andersen, who opposed and did not attend the meeting, submitted an amicus brief via his attorney, Kathleen Cady, against the resentencing.
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This pair of booking photos from the California Department of Corrections shows Erik Menendez, left, and Lyle Menendez. (California Dept. of Corrections via AP, File)
After winning against Gascon on November 5 last year, Hochman began restructuring his office with staff opposed to the resentencing of the Menendez brothers, as detailed in the lawyers’ motion.
Geragos alleged that Hochman purposely reassigned Theberge and Lunsford, perceived as supporters of the Menendez brothers, to different offices. He further asserted that Hochman appointed Cady, who represented the only family member against resentencing, to lead the district attorney’s Office of Victims’ Services, despite her conflicted status in the case.
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The motion also notes that Cady’s conflict of interest extends beyond the courtroom.
Geragos pointed out that she is a board member of a group named Justice For Murdered Children, which hosted a rally headlined by Hochman on April 13. During this event, the group denounced the Menendez brothers’ resentencing.
Erik Menendez and Lyle Menendez in front of their Beverly Hills home. (Los Angeles Times via Getty Images)
The document further claims that Cady has disregarded the Menendez family members in her official role in the Victims’ Services office, failing to notify them about upsetting imagery from the murder scene that was presented during an April 11 hearing in the resentencing case, in violation of victims’ services laws.
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Fox News Digital reached out to Hochman’s office for comment.
Erik and Lyle Menendez murdered their mother, Mary “Kitty” Menendez, and father, Jose Menendez, in their Beverly Hills home in 1989. They contended that years of sexual abuse by their father led to the killings.
Their initial trial in 1994 ended in a mistrial. They were convicted in a second trial in 1996 and have spent 35 years in prison.
