DA Nathan Hochman Withdraws Menendez Brothers Resentencing Request

Convicted murderers Lyle and Erik Menendez are experiencing yet another setback in their decades-long fight for release from prison.

Los Angeles District Attorney Nathan Hochman announced Monday he’s withdrawing the DA office’s request for a reduced sentence.

In a press conference on Monday, Hochman said that the decision is “based on the current state of the record and the Menendez brothers' current and continual failure to show full insight and accept full responsibility for their murders.”

He added, “If they were to finally come forward and unequivocally and sincerely admit and completely accept responsibility for their lies of self-defense and the attempted suborning of perjury they engaged in, then the Court should weigh such new insight into the analysis of rehabilitation and resentencing — as will the People."

Hochman said he is “prepared to go forward” with the resentencing hearing scheduled for March 20 and 21, but noted, “We are asking the court to withdraw the previous district attorney's motion for resentencing, because we believe there are legitimate reasons and the interests of justice justifies that withdrawal."

The Menendez brothers are currently serving a life sentence without the possibility of parole. 

Following the press conference, Hochman told "Extra" that the brothers need to “unequivocally and sincerely admit for the first time in 30 years that they have been lying this entire time,” and then the court should consider those new insights.

Erik and Lyle could still get released if California governor Gavin Newsom grants their clemency request.

Weeks ago, Newsom asked that the parole board conduct “a risk assessment investigation” to determine if the brothers pose a public safety threat if they were released.

In a teaser for the “This Is Gavin Newsom” podcast, he said, “There's no guarantee of outcome here. My office conducts dozens and dozens of these clemency reviews on a consistent basis but this process simply provides more transparency, which I think is important in this case, and more due diligence before I make any determination for clemency.”

In response to Newsom, Erik and Lyle’s family said, “The family realizes that the Governor’s action does not mean he will commute the sentences. Instead, this initial step reflects the Governor’s considered decision to at least obtain the information required to make a fair decision as to whether Erik and Lyle, after 35 years in prison, have done the hard work necessary to have a chance at a life outside prison."

Hochman’s latest withdrawal comes as no surprise since he was against the brothers getting a new trial.

Last month, Hochman announced that he was recommending the judge deny their request.

After a thorough look at the case, Hochman told the media in a press conference, “We conclude, in our informal response, that the court should deny the current habeas petition by the Menendez brothers.”

The brothers are requesting a new trial based on new evidence, including Roy Rosselló’s sexual abuse allegations against Erik and Lyle’s father Jose Menendez and a letter that Erik wrote to his cousin Andy Cano about his father’s alleged sexual abuse.

According to Hochman, the letter is “not credible evidence,” adding, “It’s not timely because it was not presented at time of trial.”

Hochman noted that Cano has already died, so he can’t corroborate the authenticity of the letter.  

Moreover, Hochman argued that the sexual abuse allegations are irrelevant to the 1989 murder of Lyle and Erik’s parents.

Hochman believes that sexual abuse doesn’t justify the brothers’ actions, emphasizing, “It does not constitute self-defense.”

In response to Hochman’s press conference, the Menendez brothers’ family blasted the DA for dismissing the sexual abuse claims. 

In a statement obtained by "Extra," they said, “District Attorney Nathan Hochman took us right back to 1996 today. He opened the wounds we have spent decades trying to heal. 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.”