Menendez case twist: New DA removes deputies who sought resentencing
Nathan Hochman, the newly appointed Los Angeles County District Attorney, has fired two deputies who were involved in the resentencing appeal for Lyle and Erik Menendez. The deputies, namely Nancy Theberge and Brock Lunsford, had previously pushed for a reduction in the brothers' life sentences without parole. This high-profile case was among many inherited by Hochman from his predecessor George Gascon.
Why does this story matter?
The brothers were convicted in 1996 for the 1989 murders of their parents and have already served 34 years. However, the trial had allegedly not taken into account a crucial facet: both brothers claimed they had been repeatedly sexually abused by their father, and their mother didn't help despite knowing about it. The case resurfaced in popular culture with the release of the Netflix series Monsters in September.
Deputies' appeal for Menendez brothers' resentencing
Theberge and Lunsford had filed a 57-page document in October arguing that the Menendez brothers showed "overwhelming" evidence of rehabilitation. They proposed a resentencing to "50 years to life," which would render them immediately eligible for parole. The deputies added, "We now understand that public safety is not best achieved through overly harsh punishments that ignore rehabilitation."
Hochman has been critical of Gascon's handling of Menendez case
Hochman, who took over last week after winning November elections, has also criticized Gascon's handling of the Menendez case, accusing him of seeking publicity. Theberge, who led the resentencing unit under Gascon, has been involuntarily transferred to the office of the Alternate Public Defender. Lunsford also no longer serves in the post-conviction unit but remains within the DA's office. These changes indicate a potential shift in approach from Gascon's administration.
New deputy and upcoming hearing on Menendez case
A DA spokeswoman had announced Antonio Aguilar would head the resentencing unit and the post-conviction and discovery division. However, Aguilar denied the claim despite being listed in that role on a roster of new appointments. The office maintained no changes had been made in the assignments on the Menendez case but declined to comment further on personnel matters. A hearing regarding the DA's motion is scheduled for January 30-31.
Resentencing hearing postponed and potential outcomes
The resentencing hearing was scheduled for Wednesday but has been deferred until late January by Judge Michael Jesic. This was done "out of respect to the new administration," giving both Hochman and the judge time to get acquainted with the voluminous case file. Hochman could either proceed with the original recommendation or request to withdraw it if he offers a "legitimate reason."
Brothers' lawyer and new evidence in Menendez case
If Hochman changes course, the brothers' lawyer Mark Geragos is expected to urge the judge to hold Hochman to the earlier request. Geragos has also filed a habeas corpus petition, arguing that new evidence supporting abuse claims warrants a new trial. The DA's office was expected to respond by November 26 but requested an extension until December 20. Meanwhile, the brothers are seeking clemency from Governor Gavin Newsom who has deferred this request in deference to Hochman.
