The Menendez Brothers’ defense team has accused the Los Angeles District Attorney’s Office of bias and filed a motion to remove the top prosecutor from the case ahead of their resentencing later this year. Los Angeles County Superior Court Judge Michael Jesic is expected to rule on the matter later today, and is also supposed to rule whether a “risk assessment” can be admitted into evidence.Â
Prison and parole officials conducted a risk assessment on the Menendez Brothers to determine where they pose a risk to the public if they were granted their freedom. This assessment is part of a request for clemency that the brothers filed to California Governor Gavin Newsom.
1989 Murders
The Menendez Brothers are serving life in prison, having already served three decades. They were convicted of the 1989 murders of their parents, José and Kitty Menendez, who were shot in their Beverly Hills Mansion. Originally, they lied and claimed that drug dealers broke into their home and killed their parents. But after a confession to their therapist, they were charged. They claimed it was self-defense after years of sexual abuse by their father. Lyle Menendez said he confronted his father about it, and that led to the deadly altercation.
In 1996, after their first trial ended in a hung jury and they were retried with separate juries, they were convicted of first-degree murder. Since being imprisoned, the two have shown remarkable rehabilitation and have contributed to society behind bars. They may not come off as remorseful for murdering their parents, but it can be hard to acknowledge their abusers compassionately.Â
Menendez Brothers’ Fight for Freedom
Prosecutors have a different view on why the killings began. They argue the Menendez Brothers wanted their parents’ fortune and would do anything to get it. At this point, the prosecution and the LA District Attorney believe these murders were committed in cold blood, and the brothers pose a serious risk to the general public.
The Menendez Brothers have been fighting for their freedom for years. They came close in 2024 with the previous Los Angeles County District Attorney George GascĂłn, but after reelection, their resentencing was put on hold. GascĂłn advocated for them and claimed they had been phenomenal prisoners and deserved their freedom. They could be released immediately with time served if they receive a resentencing hearing.
The new LA District Attorney, Nathan Hochman, opposes the resentencing, claiming the Menendez Brothers are nothing but liars and have yet to hold themselves accountable for their wrongdoings. Although he may oppose, Judge Michael Jesic will decide whether they will be resentenced.Â
In the defense’s motion to have the DA Office thrown off the case, they wrote, “Erik and Lyle Menendez are entitled to a fair re-sentencing process.” The motion continued, “Jose and Kitty Menendez’s family members — regardless of what position they take as to re-sentencing — are all entitled to a fair sentencing process. The public is entitled to a process that appears fair.”
In reply, the prosecution claimed, “… Other than the fact that they do not agree with, or like, the current legal position of the District Attorney’s Office, the defense has completely failed to articulate any legitimate conflict of interest which would create a likelihood that the defendants would be treated unfairly.”
