To request a fresh trial or sentencing reconsideration, Lyle and Erik Menendez have submitted a strongly worded petition to exclude the District Attorney’s office from taking part in the hearings.
According to the documentation, it appears there’s an issue that makes it challenging for Erik and Lyle to get a just retrial. It would be appropriate for the judge to step aside from the case.” (First person perspective: As a cinema devotee, I can see from the 160-page filing that it seems like there’s a complicating factor in the case of Erik and Lyle that might make it difficult for them to get a fair retrial. It would be proper for the judge to recuse themselves.)
Over the past six months, the case of the two well-known siblings, currently serving a 35-year prison sentence for the 1989 murders of their parents, Jose and Kitty, at their Beverly Hills residence, has taken several unexpected turns. In October, former District Attorney George Gascón proposed reducing their sentence from life without parole to 50 years to life, which would make them eligible for parole immediately if granted. However, Gascón lost the election in November, and his successor, Nathan Hochman, has since retracted Gascón’s recommendation for resentencing.
According to the motion, “the opinions of the family regarding further penalties differ significantly from those of the new District Attorney. They stand in complete opposition to each other.
In the legal filing, attorneys for the brothers explained several issues concerning Hochman, who acknowledged that he had previously spoken with Kathleen Cady, representing Milton Andersen – the sole family member against resentencing. Interestingly, it was Kathleen Cady whom Hochman chose to head the Department of Victim Services just about two weeks later, as stated in the motion.
Mark Geragos, one of the lawyers representing the brothers, comments that the District Attorney’s actions in this particular case are a remarkable example of gaslighting,” according to his statement to EbMaster.
Mark Geragos, one of the legal representatives for the brothers, says that the District Attorney’s behavior in this case is an exceptional demonstration of gaslighting, as he explained to EbMaster.
The filing slams the D.A. for not executing the wishes of the Menendez family.
In the motion, it states that none of the family members who held differing opinions from Ms. Cady’s previous client have received contact from the Victim Services department of the District Attorney. These family members consistently believed that a sentence of nearly 35 years was sufficient and argued for the resentencing of Erik and Lyle.
Over time, the sensational Menendez brothers‘ trial has given rise to various movie and television adaptations, among them being Ryan Murphy’s critically acclaimed “Monster” miniseries on Netflix during autumn of the previous year.
Starting from October, the progress in this case has been incredibly slow, like a glacier’s advance. On April 17, the court delayed a hearing aimed at deciding whether the state parole board’s risk assessments, mandated by California Gov. Gavin Newsom, could be admitted as evidence. Judge Michael Jesic admitted he hadn’t reviewed the report yet. The prosecution, who had already read it, argued that they should be allowed to use this information, and requested a postponement of the hearing so everyone could examine the report thoroughly before making a decision.
In February, Governor Newsom directed the Parole Board to evaluate the danger level of the Menendez Brothers for possible early release. After completing the assessment, the Board’s findings triggered a call from prosecutors asking for postponement of the resentencing hearing.
Despite being instructed to keep these reports confidential, due to the Governor’s Executive privilege and other reasons, the Governor’s Office has extended an invitation for the Court to demand these documents for the upcoming resentencing hearing. The filing states that there is no valid argument against the court having the most recent and accurate risk assessments before making any decisions about resentencing in this particular case.
On April 11th, the relatives of Kitty and José Menendez submitted a request and petition, urging the District Attorney to follow Marsy’s Law procedures, as they unexpectedly encountered disturbing crime scene images during a court proceeding.
In a statement, the Menendez family expressed that they had never anticipated needing to battle for respectful and dignified treatment. Suddenly, the District Attorney’s Office showed horrific images of our deceased relatives’ bodies without any prior notice, showing no empathy or human sensitivity. This unexpected and inhumane act caused immense trauma to our entire family. The graphic display re-traumatized us, and it happened again when Terry was hospitalized shortly after. Today, she still lies critically ill in the ICU.
In their eagerly awaited court submission on Friday, lawyers for the Menendez brothers stated: “Erik and Lyle Menendez deserve a just retrial process. The family members of Jose and Kitty Menendez, regardless of their stance on the retrial, are entitled to a fair trial process as well. The public should expect a fair procedure. Since there’s a likelihood that the District Attorney’s office might not act impartially in this case, and there’s a genuine concern that Erik and Lyle may face unfair treatment during certain stages of the proceedings, recusal (stepping aside) is necessary.
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2025-04-26 04:16