LA Prosecutors Claim Retaliation Over Menendez Brothers Resentencing Support

LOS ANGELES, Calif. — Two Los Angeles County prosecutors have filed legal claims alleging they were demoted and retaliated against for supporting the resentencing of Lyle and Erik Menendez, the brothers convicted of murdering their parents in 1989. Nancy Theberge and Brock Lunsford, who previously worked in the district attorney’s resentencing unit, filed government claims Monday seeking damages for what they describe as unlawful retaliation and discrimination.

Theberge and Lunsford claim their demotions were tied to their advocacy for the Menendez brothers’ resentencing and their perceived political alignment with former Los Angeles County District Attorney George Gascón. Theberge, 56, also alleges she faced age and gender discrimination, stating she was treated differently than younger, male colleagues. Both prosecutors were reassigned to lower-ranking positions after the election of current District Attorney Nathan Hochman in November 2024.

“Nancy and Brock are committed public servants and accomplished attorneys who followed the law — the law they believed required them to advocate for the resentencing of the Menendez brothers,” said their attorney, Justin Shegerian. The Los Angeles County District Attorney’s Office declined to comment on the matter.

The Menendez brothers, now in their 50s, were convicted in 1996 of first-degree murder for the shotgun killings of their parents, Jose and Kitty Menendez, in their Beverly Hills home. The brothers claimed they acted in self-defense after years of alleged sexual abuse by their father, a claim that has garnered renewed attention in recent years. Their case has been the subject of multiple documentaries and a Netflix series, reigniting public debate over their sentences.

In October 2024, Theberge and Lunsford co-authored a memorandum supporting the brothers’ resentencing under California’s youthful offender laws, which allow for reduced sentences for crimes committed under the age of 26. The prosecutors argued that the brothers, who were 21 and 18 at the time of the murders, should be eligible for parole after serving 50 years. Their recommendation was met with resistance from Hochman’s administration, according to the filings.

Theberge was reassigned to the Alternate Public Defender’s Office on Dec. 19, 2024, a move her claim describes as a “clear demotion.” Lunsford, a 25-year veteran of the district attorney’s office, was stripped of supervisory duties and reassigned to a lower-level position at the Norwalk Courthouse. Both claims seek economic damages exceeding $250,000 and non-economic damages over $5 million.

“They were demoted only a couple weeks after the new administration came into office,” Shegerian said. “Their careers have been totally derailed.”

The Menendez brothers’ resentencing hearing is scheduled to begin on March 20. Their attorneys have cited new evidence, including allegations of sexual abuse by Jose Menendez and a previously undisclosed letter written by Erik describing the abuse. Hochman has said he is reviewing extensive court and prison records before making a final recommendation on the case.

The case has drawn widespread attention, with advocacy groups and legal experts closely watching the outcome. “DA Hochman campaigned on a promise to remove politics from prosecutorial decisions,” said a statement from the Menendez Family Initiative, a group advocating for the brothers’ release. “We continue to hold on to hope that he will honor this commitment.”