'Menendez Brothers Are Still Lying:' DA Argues Against Resentencing

LOS ANGELES, CA — Days ahead of a hearing where a judge will consider whether to resentence Lyle and Erik Menendez, the district attorney has reiterated his stance that he believes the brothers should not be let out of prison and rejected their attorney's claim that he's playing politics with the brothers' fate.

Friday's hearing centers around the question of whether the brothers should be resentenced for the 1989 shotgun murder of their parents, Jose and Mary Louise "Kitty" Menendez. They're serving life without parole, but a judge could find that they're eligible for a lesser sentence, which could provide a path for them to get out of prison at some point.

The previous Los Angeles County district attorney had petitioned the court to resentence the brothers — and gave his endorsement for that effort. But current District Attorney Nathan Hochman is asking the judge to withdraw that petition.

Hochman reiterated his opposition in an April 4 court filing and in a statement released by his office Wednesday.

"Thirty-five years have passed. The iPhone was invented. 9/11 happened. Covid happened. And, the Menendez brothers are still lying," the filing reads.

It continues: "The basis for this withdrawal request is that the prior DA’s motion did not examine or consider whether the Menendez brothers have exhibited full insight and taken complete responsibility for their crimes by continuing for the past over 30 years to lie about their claims of self-defense, that is, their fear that their mother and father were going to kill them."

Hochman also pushed back in the filing against the brothers' attorney's contention that Hochman's position was "political."

• Read more: Menendez Brothers’ ‘20 Lies:’ Why DA Won’t Support Their Bid For Freedom

The district attorney last month outlined a series of what he said were ongoing lies the brothers have told and said he would not support their bid for freedom until they own up to the mistruths.

The judge at Friday's hearing could decide to drop the DA-initiated process, but he may also decide to continue with the hearing on his own accord — without the prosecution's blessing.

Meantime, the brothers are also asking Gov. Gavin Newsom to consider clemency in the form of a pardon or commutation of their sentences. Newsom has such broad powers under the state constitution.

A state parole board is investigating whether the brothers pose a threat to public safety. Newsom said he will use the results of that investigation to inform his decision.

Additionally, Hochman in February said his office would oppose a motion filed by the Menendez brothers' attorney seeking a new trial as part of a habeas petition. He challenged the attorneys' claims of new evidence they say supports allegations of sexual abuse of the brothers by their father.

Hochman argued the evidence is inadmissible on various grounds. He questioned whether the claims are actually new or being presented in a legally timely manner.

The brothers — now 57 and 54 — never denied carrying out the killings, but maintained they feared for their lives amid their father's abuse.