New Los Angeles DA Nathan Hochman does not support overturning Menendez brothers’ murder convictions
District Attorney Nathan Hochman said that new evidence suggesting convicted killers Lyle and Erik Menendez may have been abused doesn’t rise to the standard for a new trial.
Los Angeles’ newly-elected District Attorney Nathan Hochman said on Friday that he has asked the court to reject the Menendez brothers’ request for a new trial.
This comes months after former District Attorney George Gascon cited new evidence in the form of a letter suggesting the brothers may have been abused by their father as a reason for a new trial.
Hochman cited issues with the evidence, claiming it didn’t meet a high enough standard for a new trial.
MENENDEZ BROTHERS DISCUSS ‘BULLYING AND TRAUMA’ IN PRISON IN RARE PUBLIC REMARKS, NEW PODCAST INTERVIEW
FILE – This combination of two booking photos provided by the California Department of Corrections shows Erik Menendez, left, and Lyle Menendez. (California Dept. of Corrections via AP, File)
“We looked again at the credibility of the letters, particularly this Andy Cano 1988 supposed letter weighed in the continuum of lies, and it calls into drastic question whether this is in fact a 1988 letter written by Erik Menendez to Andy Cano about this sexual abuse,” Hochman said in a Friday press conference.
The letter was allegedly written eight months before the murders of their parents, Jose and Kitty Menendez, in 1989 by Erik Menendez to his cousin Andy Cano, and detailed alleged sexual abuse by their father.
The letter wasn’t found until several years ago, the Menendez brothers’ attorney said.
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Hochman added, “Again, even if it is, it’s not timely because it was not presented at the time of trial, they substantially delayed in bringing this motion from at least 2015 to 2023, and in certain respects it’s also not admissable, which is why we conclude in our informal response that the court should deny the current habeas petition by the Menendez brothers. And if the court decides not to deny it at this point, the next move for the court is to order what’s called an order to show cause.”
He said his office would refile his reasons again in response to an order to show cause, and “the Menendezes can reply and the court can rule at that point or have a hearing in the habeas matter.”
Hochman also noted that California Gov. Gavin Newsom has the clemency petition on his desk and “he can do whatever he wants, whenever he wants, and we will be dealing in the next couple of weeks with the resentencing issue.”
FILE – Los Angeles County District Attorney Nathan Hochman talks about the resentencing of Erik and Lyle Menendez for the murders of their parents during a news conference in downtown Los Angeles, Friday, Jan. 3, 2025. (AP Photo/Damian Dovarganes, File) (AP Photo/Damian Dovarganes, File)
Lyle and Erik Menendez were found guilty in 1996 for the 1989 killing of their parents and sentenced to life in prison without parole.
The Menendez brothers’ family condemned Hochman’s decision in a statement shared with Fox News Digital by their legal team.
“District Attorney Nathan Hochman took us right back to 1996 today. He opened the wounds we have spent decades trying to heal,” the statement said. “He didn’t listen to us. We are profoundly disappointed by his remarks, in which he effectively tore up new evidence and discredited the trauma they experienced. To suggest that the years of abuse couldn’t have led to the tragedy in 1989 is not only outrageous, but also dangerous. Abuse does not exist in a vacuum. It leaves lasting scars, rewires the brain, and traps victims in cycles of fear and trauma. To say it played no role in Erik and Lyle’s action is to ignore decades of psychological research and basic human understanding.”
The statement added that it was “absurd” for Hochman to say that the evidence should have been submitted at the trial.
“The justice system failed Erik and Lyle then, and it continues to fail them now,” it went onn “The fact remains: the jury in their second trial never heard the full truth. Key testimony was kept from them, and now, DA Hochman is attempting to erase this reality once again. He is not just dismissing Erik and Lyle’s experiences, he is silencing survivors everywhere who know what it’s like to be disbelieved, ignored, and retraumatized by a system designed to protect them.”
Lyle, left, and Erik Menendez sit with defense attorney Leslie Abramson, right, in Beverly Hills Municipal Court during a hearing, Nov. 26, 1990. (AP Photo/Nick Ut)
It said Hochman promised to “take politics out of prosecutorial decisions, but his actions today say otherwise. If he is truly committed to justice, he will follow the law and issue a resentencing recommendation that reflects Erik and Lyle’s overwhelming rehabilitation, and the undeniable standards set by California Penal Code 1172.1 and AB 600. And he will stop trying to bury the truth about their abuse.”
“For over three decades, our family has lived with the weight of what Erik and Lyle endured – abuse that shaped their lives, fear that defined their childhood, and a justice system that refused to see them as victims,” the family continued. “We have fought tirelessly for the truth to be recognized.”
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The family said their hope is now with “Judge Jesic, that he will examine the evidence in their case without prejudice, carefully adhering to California law with modern understanding of trauma.”
“Our family has been waiting 35 years for the justice system to acknowledge what we have always known,” the statement closed. “We are so incredibly proud of the men Erik and Lyle have become – men who have dedicated their lives to helping others, despite believing they would never have a second chance. We have fought and advocated tirelessly for their release, so that we can heal and finally move forward. All we are asking for is to right this decades-long injustice.”
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District Attorney George Gascon last year cited new evidence of possible abuse as a reason for a new trial
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L.A. County D.A. Hochman opposes a new trial for Menendez brothers
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Menendez brothers say they faced violence and bullying in prison
Lyle and Erik Menendez spoke about life in prison on TMZ’s “2 Angry Men” podcast.
Lyle and Erik Menendez are serving life sentences after being convicted of murder in their parents’ deaths. They called TMZ’s “2 Angry Men” podcast as they await a resentencing hearing next month.
LOS ANGELES (KABC) — The Menendez brothers are speaking out about life in prison amid their fight for freedom, saying they have faced violence and bullying.
Lyle and Erik Menendez called TMZ’s “2 Angry Men” podcast, hosted by Harvey Levin and their defense attorney Mark Geragos.
The brothers are serving life sentences after being convicted of murder in their parents’ deaths. At one point, Erik described the terror behind bars.
Erik Menendez: “I faced a lot of bullying and trauma … it was a dangerous environment.”
Levin: “What happened to you?”
Erik Menendez: “I was picked on, bullied violently, and it was traumatic, and it was continual. You know, there’s things that a lot of inmates in prison go through when they’re not part of a gang structure.”
He said he didn’t fight back.
“I’m not going to fight back. I’m not going to, you know, engage others, and I had no one really to really to turn to for help,” he said.
The brothers served 21 years of their sentences in separate prisons. Erik also described how he felt when he learned his brother Lyle had been violently attacked.
“I was told Lyle just got assaulted and got his jaw broken, and it was … I’m thinking, ‘He’s over there. I’m going through this over here, and at least we could protect each other, maybe, if we were together,'” he said.
The brothers face a critical hearing next month when a judge will decide whether they should be resentenced for the murders.
Last month, Los Angeles County District Attorney Nathan Hochman met with the Menendez brothers’ relatives, but said he was still reviewing the facts in the case and hasn’t yet decided if he’s in support of the brothers’ bid for freedom.
ABC News’ Matt Gutman contributed to this report.
