Menendez bros release not as sure fire under new DA — lawyer

Anyone who feared Erik and Lyle Menendez were getting a sweetheart deal can rest easy.

A month ago the brothers, convicted of the 1989 murder of their parents Kitty and Jose Menendez, appeared to be on the brink of release as their cases were recommended for resentencing.

The Los Angeles County District Attorney at the time, George Gascon, appeared to be going full steam ahead on freeing them.

His replacement, Nathan Hochman, who assumed office Dec. 3, appears more circumspect.

As highlighted in recent Netflix series, “The Menendez Brothers,” the brothers claim they were sexually abused by their father and their lawyers argue that wasn’t taken into account during their trial and should be part of a review of their sentencing.

Erik and Lyle Menendez are hoping for a resentencing that can lead to immediate parole. AP
Uncle Milton Anderson is one family members who is unenthusiastic about the Menendez brothers being sprung. Inside Edition
Newly sworn in Los Angeles District Attorney Nathan Hochman, speaking as he was sworn in on Dec. 03. AFP via Getty Images

However, an attorney for the Menedez family says Hochman has only met with the brothers’ uncle, Milton Anderson, so far and he is one of the people who believe they should stay in prison.

Asked if that is a bad initial sign, family attorney Bryan Freedman told The Post: “It absolutely is.”

Freedman also denies reports Hochman has invited members of the family who are supportive of Lyle and Erik’s release to speak with him.

In an email to Hochman, Freedman wrote, “I thought you would want to meet with the victims [that is what he calls the 20 family members he represents] that knew Lyle and Erik best over the past 30 years of incarceration.

“You had spoken with the one family member who had not interacted with Erik and Lyle over the last 30 years,” referring to Anderson, brother of Kitty.

The brothers admitted during trial that they murdered Kitty, and their father, with a shotgun.

Kathy Cady, Anderson’s attorney, stated earlier this year, “He prefers that [the Menendez brothers] stay in prison because he believes that is what justice requires.”

Judge Michael Jesic was given a 57 page document that petitioned parole for the brothers.
Joan Vander Molen, one of 20 family members represented by Bryan Freedman who would like to see a resentencing are parole for the Menendez brothers. APEX / MEGA

Freedman is also concerned two members of the DA’s office who were heading up the efforts to free the Menendez brothers have been removed by Hochman.

Nancy Theberge, previous head of Gascon’s resentencing unit, has been moved to the office of the alternate public defender.

Brock Lunsford has been moved out of the post-conviction unit, but remains with the DA’s office, per Variety.

“They filed the motion for resentencing on Gascon’s behalf,” said Freedman, referring to the 57 page document that argued for the brothers to be eligible for parole immediately.

“[Hochman] took them off of it. I don’t think they will be brought back once they are moved out of the office.”

Lyle and Erik Menendez in 1990. All these years later, they are still behind bars and their likelihood of getting out early looks increasingly dim. ASSOCIATED PRESS
Bryan Freedman, attorney for Menendez family members, wants his clients to have their say about the brothers’ parole. Courtesy of Bryan Freedman

Asked what that tells him about Hochman, Freedman responded, “It tells me that he is either incredibly inexperienced or very politicized.”

In a preview of “NBC Nightly News” with Lester Holt, Hochman discussed the Menendez brothers’ situation.

“While they’re called the Menendez brothers,” he stated, “there’s an Erik Menendez case and a Lyle Menendez case. So we will look at each case separately, which is the way they actually should be handled.”

Gascon, beyond his own recommendations for the brothers, also petitioned California Governor Gavin Newsom to grant clemency to the brothers.

Newsom was non-committal said he would “defer to the DA-elect’s review,” referring to Hochman.

In November, California Superior Court Judge Jesic said he was delaying the hearing on the brothers’ future until the end of January so he could get input from Hochman’s office.  

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