A judge will hear a motion Friday requesting that the Los Angeles County district attorney and his entire office be removed from the highly publicized case involving the possible resentencing of convicted murderers Erik and Lyle Menendez.
The motion was filed by the defense, who argue that District Attorney Nathan Hochman and the D.A.’s Office are biased against the brothers.
“The family does not want to go through this charade anymore with the D.A.,” defense attorney Mark Geragos said. “What’s obvious to anyone, I think, who has a couple of synapses that are still firing is this is a D.A. who made up his mind and did no hard work in terms of his position.”
The Menendez brothers were sentenced to life in prison without the possibility of parole in 1996 for the shotgun murders of their parents, Kitty and Jose Menendez, in their Beverly Hills home.
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FILE – This combination of two booking photos provided by the California Department of Corrections shows Erik Menendez, left, and Lyle Menendez. (California Dept. of Corrections via AP, File) -
FILE – Lyle, left, and Erik Menendez sit in Beverly Hills Municipal Court where their attorneys delayed making pleas on behalf of the brothers who are suspected in the murders of their parents on March 12, 1990. (AP Photo/Nick Ut) -
Lyle, left, and Erik Menendez sit with defense attorney Leslie Abramson, right, in Beverly Hills Municipal Court during a hearing, Nov. 26, 1990. (AP Photo/Nick Ut, File) -
Los Angeles County District Attorney Nathan Hochman gives a news conference about the Menendez brothers case in Los Angeles, Monday, March 10, 2025. (AP Photo/Damian Dovarganes) -
Erik and Lyle Menendez are pictured, on August 12, 1991 in Beverly Hills. (Getty Images) -
Erik Menendez (L) and his brother Lyle (R) listen during a pre-trial hearing, on December 29, 1992 in Los Angeles after the two pleaded innocent in the August 1989 shotgun deaths of their wealthy parents, Jose and Mary Louise Menendez of Beverly Hills, Calif. It took 40 months for the Superior Court arraignment after prosecutors and defense attorneys battled over the admissibility of taped confessions the brothers allegedly made to their psychotherapist. (Photo by VINCE BUCCI/AFP via Getty Images) -
Erik and Lyle Menendez in front of their Beverly Hills home in November 1989. (Getty Images) -
Menendez brothers, Erik, left, and Lyle on the steps of their Beverly Hills home in November, 1989. (Getty Images)
Hochman believes that the brothers, who were 18 and 21 at the time, have not taken full responsibility for the crime, citing the violence of their actions.
“The brutality of this murder,” Hochman said. “Thirteen shotgun blasts. Again, one through the back of the father’s head. One to the mother at point-blank range as she lay dying on the ground. And then through the kneecaps after each one was dead in order to stage it as a mafia killing.”
Former D.A. George Gascón recommended a sentence reduction for the brothers in October, but Hochman, who was elected to the office in November, has opposed the resentencing.
Loyola Law School Professor Jessica Levinson described the motion for removal as very aggressive. “They’re asking not just for one or two prosecutors to be disqualified but the entire office,” Levinson said.