Menendez Case: New D.A. Replaces Deputies Who Sought Resentencing

As a seasoned movie critic with a penchant for crime dramas and a knack for deciphering the subtleties of political maneuvers, I find myself intrigued by this unfolding tale in Los Angeles County. The Menendez brothers’ case, once a staple of the 90s pop culture landscape, is now back in the limelight, and it’s not just for another Netflix series.

As a movie enthusiast, I was intrigued when I heard that the freshly appointed District Attorney of Los Angeles County took action against the deputies who attempted to lessen the punishments for the Menendez brothers. These two individuals were convicted for their heinous crimes, and it’s reassuring to see that our justice system is taking steps to maintain their sentences.

Last week, Nathan Hochman officially took office, having defeated incumbent George Gascón in the November elections. One of the most notable cases still pending from the previous administration has been handed over to Hochman – the Menendez case.

Assistants Nancy Theberge and Brock Lunsdon, acting on behalf of Gascón, made a plea to a judge in October, aiming to lessen the life-without-parole sentences that the brothers have been serving since their conviction in 1989 for the murder of their parents. This case reemerged in public attention with the September release of the Netflix series “Monsters”.

Supporters of the Menendez brothers contend they were victims of sexual abuse and deserve clemency. The court has scheduled a hearing on the District Attorney’s motion for January 30th and 31st.

Hochman has been vocal about his concerns regarding Gascón’s management of the Menendez case, implying that he is more focused on gaining attention rather than justice. He hasn’t made clear whether he will uphold or withdraw the request; however, recent staff changes hint at a possible departure from the previous administration’s methods.

As a keen observer, I’ve learned that Theberge, who leads the resentencing unit under Gascón at the District Attorney’s office, has been informed about an involuntary transfer to the Alternate Public Defender’s office, as per multiple reliable sources privy to the situation. Similarly, it appears that Lunsford, a key member of the D.A.’s post-conviction unit, has been reassigned within the office, although he continues to serve with the District Attorney’s team, according to my network of informed sources.

On October 24, the two deputies presented a comprehensive document consisting of 57 pages, in which they contended that the Menendez brothers had provided “overpowering” proof of rehabilitation. They suggested that these individuals be resentenced to serve 50 years to life, a decision that would instantly render them eligible for parole.

They expressed in their submission that true public safety isn’t solely attained through excessive penalties disregarding rehabilitation. The brothers, it seems, have experienced a transformation and seized valuable chances for growth, leaving behind criminal mindsets, expressing remorse, and becoming contributing members of society.

Prior to his role in Gascón’s office, Theberge served as a deputy public defender. During the campaign, Hochman criticized Gascón for being overly lenient on crime, and it is said that he has been trying to dismiss appointees of Gascón who were previously employed in the public defender’s office.

On Friday, a spokesperson for the District Attorney’s office announced that Antonio Aguilar would be taking over as deputy for the Units of Resentencing and Post-Conviction & Discovery. However, Aguilar clarified to EbMaster on Monday that this was not accurate, despite his name appearing in that position on a list of new appointments.

The office stated that there were no adjustments in the tasks related to the Menendez case, and when asked for more information on this matter on Wednesday, the spokesperson simply declined to provide a comment.

The rescheduled sentencing hearing, initially set for Wednesday, was later moved to late January by Judge Michael Jesic at a Nov. 25 status hearing. This adjustment was made in consideration of the new administration, allowing both Hochman and the judge ample time to thoroughly review the extensive case documents.

“I want him to be able to have his say,” the judge said.

Hochman has the option to follow through with his initial suggestion, or he can request to retract it if he provides a valid justification. Should he decide to alter his plan, the attorney representing the brothers is expected to persuade the judge to enforce the previous request made by Hochman.

Geragos has additionally submitted a petition for habeas corpus, asserting that fresh evidence has emerged which bolsters the allegations of abuse and necessitates a retrial. The District Attorney’s office requested an extension of the response deadline from Nov. 26 to Dec. 20 instead.

The brothers are additionally asking for leniency from Governor Gavin Newsom; however, Newsom has indicated he will postpone this petition out of respect for Hochman.

In the year 2020, Gascón was chosen for his role as a champion of criminal justice reform. He subsequently established a fresh team with the mission of re-examining prison sentences, resulting in approximately 300 cases being re-sentenced.

On his inaugural day, December 3rd, Hochman annulled numerous of Gascón’s orders, enabling prosecutors to submit enhancements and pursue more assertive charging options. However, he did not revoke Gascón’s policy on resentencing, which outlined the conditions under which the D.A. could request judges to reconsider sentences.

A significant portion of that policy is influenced by recent changes made at the state level, which means completely rescinding it may not be feasible. Consequently, the District Attorney’s office is adopting a more intricate approach when examining this matter.

The spokesperson stated that they’re currently examining past policies concerning sentence revisions. If necessary, previous decisions will be reassessed.

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2024-12-12 02:46