Los Angeles County District Attorney Nathan Hochman said he needs a key concession from the Menendez brothers to reconsider their resentencing in the case where they were found guilty of murdering their parents: admit to what he claims are decades of lying.
Speaking to ABC News, Hochman said that if the brothers "sincerely and unequivocally admit for the first time in over 30 years, the full range of their criminal activity and all the lies that they have told about it," he might rethink his stance against opening a door to their freedom.
Hochman is certain Erik and Lyle Menendez have never been truthful in their claims that they killed their parents in self-defense. As a result, he asked the court to withdraw his predecessor's motion for resentencing. Hochman said he identified 20 lies told since the day of the murders, four of which have been admitted by the brothers.
"The essence of that checklist is that they'd have to finally admit after 30 years, they killed their parents willfully, deliberately and in premeditated fashion, not because they believed that their parents were going to kill them that night," added in a passage of the interview.
Asked if he believed the brothers had been sexually abused, he rejected to answer, saying that was never their defense. He added that "there was no additional corroboration of anyone in 12 years" about being told of such abuse.
Family members of the brothers have slammed Hochman's stance, with cousin Tamara Goodell issuing a formal complaint to the US Attorney's Office Civil Division claiming the rights of the brothers are being violated.
The claim is that Hochman is re-traumatizing the victims and has also ignored their concerns in a recent meeting. She added that the official created an intimidating atmosphere with a dismissive tone, leaving attendants distressed and humiliated. The "lack of compassion was palpable," Goodell said.
Former District Attorney George Gascón—who had a reputation for progressive criminal justice reform—said he believed the Menendez brothers deserved a chance at parole. He argued that they were young adults at the time of the murders and had since rehabilitated themselves in prison. Under his plan, their life sentences would be reduced to 50 years to life, making them immediately eligible for parole.
But then came the election. Gascón lost his race to Hochman in November, and Hochman—who took office in December—reversed course after reviewing the case files.
There will be a hearing on April 11 to consider the motion to withdraw the resentencing petition. Based on the outcome a hearing could be set for the following week.
Hochman did not rule out refusing to appeal an eventual granting of the resentencing. "We would certainly look at the judge's justification for any resentencing, and if the judge does his job and looks at all the factors and reaches a different conclusion than us, but one that the law also would support, we would not be in a position to appeal that," he said.
Meanwhile, the brothers are pursuing two other legal avenues to try to get out of prison. Last year, they filed a habeas corpus petition citing a letter from Erik sent to a cousin before the murders. In it he described the alleged abuse by his father José Menendez. However, Hochman has already called the evidence unreliable and requested to dismiss it.
The brothers also filed a clemency request, hoping that California Governor Gavin Newsom will grant them clemency. Newsom has not made a decision yet. On Feb. 26, he ordered a risk assessment to determine if they would be a danger to the public if released.
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