After months of legal battles, Erik and Lyle Menendez were convicted of being convicted in 1989 and they will eventually hold a grudge hearing in Los Angeles court next week, which gives the brothers new opportunities.
Los Angeles County Superior Court Judge Michael Jesic ruled Friday that a grudge hearing could be held starting next Tuesday.
Friday's hearing included losses and implicit victory for Los Angeles' new crime prosecutor Nathan Hochman. Defense attorneys eventually withdrew their motion to remove Hockman’s prosecutor from the case, a hearing aimed at discussing the case, but the meeting of judges Jesus also rejected Hockman’s efforts to withdraw the petition.
The brothers were sentenced to life imprisonment in 1996 without parole for shooting the entertainment executive father José Menendez and mother Kitty Menendez. The brothers were 18 and 21 when they killed people. Defense attorneys argued that the brothers acted out of self-defense after years of sexual abuse by their father, and prosecutors said the brothers killed their parents with millions of dollars in inheritance.
The former Los Angeles County District Attorney George Gascón asked in October to reduce his verdict to 50 years and potentially parole, giving the brothers a door to freedom. His office said cases today will be different due to a modern understanding of sexual abuse and trauma, and the brothers have recovered during the 30-year prison term. Many of the Menendez brothers’ family members support the release.
But current District Attorney Hochman turned the course around and opposed the brothers' resentment. Hochman said the brothers were not fully responsible for their crimes because they did not admit to lying during the trial. Menendez's family and attorneys are very critical of the way Hochman handles the case.
On Friday, Hochman tried to ask the court to withdraw the indignant petition again, saying the new evidence supported that.
But Jesic disagreed and set up trial hearings on May 13 and 14.
"I can't see anything new," he said.
On Friday, ABC7 News and the Los Angeles Times reported that on Friday, the Menendez brothers' lawyers also withdrew their attempts to remove Hochman's office from the case.
Asked about attempts to delete Hawkman, the Menendes brothers' lawyers said on Friday's way into the courtroom: "I'm not sure what I want," ABC7 News reported.
Attorney Mark Geragos said he plans to file a complaint against Hochman in the future.
California Attorney General Rob Bonta filed a motion with Hochman this week, saying the defense did not adequately prove the conflict of interest.
Laurie Levenson, a former federal attorney and criminal law professor at Loyola Law School, said these types of withdrawal requests “almost never”.
“The defendants usually don’t choose prosecutors,” she said. “Occasionally, a single prosecutor is withdrawn, but it’s very rare to withdraw the entire office.”
Levinson said that usually this happens only if the prosecutor’s individual family members are involved, or when the district attorney’s office receives external payments in the case.
Hawkman's office has filed a motion to object to his removal from the case, dismissing the defense's concerns because they are "dissatisfied" with prosecutors' views on the lawsuit.
"Disagreement with the opposition's position is not a conflict of interest, but a disagreement," it said.
The Menendez brothers are still awaiting the full results of the state parole board risk assessment ordered by the California governor’s office. The last hearing, scheduled for June 13, affects whether Newsom grants leniency to brothers.