California AG Opposes Bias Claims in Menendez Resentencing Case

LOS ANGELES — The California Attorney General‘s Office is urging a judge to reject a request from defense attorneys for Erik and Lyle Menendez to bar the entire Los Angeles County District Attorney’s Office from participating in their resentencing proceedings. The defendants, who were convicted for the murder of their parents in 1989, argue there is a bias against them.

This opposition was filed this week and addresses the defense’s claims, stating they have not provided adequate evidence for a recusal of the DA’s office. The Attorney General’s filing described the defense allegations as falling short of demonstrating any bias or conflict of interest.

The filing emphasized, “Defendants have failed to identify a disqualifying conflict that demonstrates a reasonable possibility that the assigned prosecutors may not exercise discretionary functions in an evenhanded manner.” Last week, the DA’s Office also opposed the motion, arguing the defense’s request is unfounded and desperate.

The Menendez brothers’ defense attorney, Mark Geragos, claimed that recent actions taken by DA Nathan Hochman, including the removal of deputies who supported the resentencing motion, indicate a bias that could affect the brothers’ case. Geragos stated that these circumstances warrant the exclusion of the entire DA’s staff from the proceedings.

Judge Michael Jesic has scheduled a hearing for Friday, May 9, to examine this recusal motion as well as to consider new risk assessment reports regarding the brothers’ suitability for release.

Aside from the resentencing attempts in Los Angeles County, the Menendez brothers are also expected to appear before the California Board of Parole Hearing in June. This independent risk assessment, which examines whether the brothers pose a danger to the public, will conclude on June 13, according to California Governor Gavin Newsom.

Erik and Lyle Menendez, sentenced to life without parole in 1996, maintain they acted in self-defense against years of abuse. However, prosecutor Hochman disagrees, arguing that the brothers have not fully accepted responsibility for their actions.