Menendez Brothers: Attorneys withdraw motion to remove LA DA Hochman from case

Menendez Brothers have resentencing next week

Lawyers for Erik and Lyle Menendez withdrew their motion to remove the Los Angeles County District Attorney's Office from the case. The Menendez brothers' resentencing hearing will be next week.

LOS ANGELES - Attorneys for Erik and Lyle Menendez have withdrawn their motion to remove Los Angeles prosecutors from their resentencing case, aiming to expedite the process for potential release.

What we know:

The Menendez brothers were sentenced to life without parole for the 1989 murders of their parents, with defense arguing self-defense due to alleged abuse. 

In a court filing this week, Assistant Head Deputy Habib Balian and Deputy District Attorneys Seth Carmack and Ethan Milius countered, "In this case, there is absolutely no evidence or articulable explanation for any impermissible bias, let alone a conflict of interest."

PREVIOUS COVERAGE: Menendez brothers file motion to disqualify LA DA Hochman

But in court Friday, the brothers' defense team dropped its bid to have the LA County DA's Office removed from the case, saying they did not want any more delays in a re-sentencing hearing. Jesic then promptly said that a hearing would be held next week.

Family hopeful Menendez brothers will be released

Two cousins of Erik and Lyle Menendez held a press conference to address the recent developments in their effort to release the brothers. This comes after Gov. Newsom requested the state conduct a risk assessment on them.

District Attorney Nathan Hochman personally appeared in the Van Nuys courtroom for the hearing, and he again asked Jesic to withdraw an earlier motion that was filed under previous DA George Gascón's administration in support of a re-sentencing for the brothers. Jesic again denied that request.

The backstory:

The brothers' case has been contentious, with debates over modern understandings of trauma and abuse influencing resentencing discussions.

Hochman opposes re-sentencing for the brothers, arguing they have not "accepted complete responsibility for their actions."

SUGGESTED: Family of Menendez brothers say graphic crime scene photos led to aunt being hospitalized

Dig deeper:

Hochman's opposition has led to legal disputes, including claims of bias and mistreatment of the Menendez family.

In court on Friday, Geragos accused Hochman of using the PR firm he employed during the election season to mount a campaign against the Menendez Brothers. Hochman denied the allegation, saying he hasn't used the firm since the election. 

In a statement to FOX 11, the firm, :AG Strategy, responded Geragos' claims.

"LAG Strategy is proud to have managed all communications for Nathan Hochman's winning campaign for District Attorney. Our role ended when Mr. Hochman was sworn in as District Attorney on December 3, 2024," co-founder Stuart Pfeifer said. "The Geragos team's statement in court today shows they simply did not do their homework."

What's next:

The Menendez brothers await the results of a state parole board risk assessment, which will impact Governor Gavin Newsom's decision on clemency.

Defense attorneys are hoping to win a reduced sentence for the brothers, possibly allowing them to either be released immediately or at least eligible for parole consideration.

SUGGESTED: Menendez brothers: LA DA speaks out ahead of resentencing hearing

The final hearing is scheduled for June 13, determining the brothers' future and potential release.

Geragos said that at least seven Menendez family members will testify, but he has not decided if Erik and Lyle will take the stand.