A resentencing hearing for Lyle and Erik Menendez that began on Thursday as scheduled was postponed again at the request of Los Angeles District Attorney Nathan Hochman.
Judge Michael Jesic, who was annoyed by the bickering between Hochman and the brothers’ attorney Mark Geragos, had earlier dismissed a motion by Hochman to delay the proceedings. Judge Jesic scheduled the next motions hearing for May 9, to discuss the admissibility of a state parole board’s risk-assessment report.
The brothers’ attorney Mark Geragos told reporters on Thursday that the D.A.’s office has “jumped the shark” and that he is “very close to filing a motion to recuse [Hochman].” If he follows through on the filing to challenge the D.A.’s office, that motion will be discussed during the May 9 hearing.
“This is another in a series of the D.A.’s office abdicating their role,” Geragos told members of the press. The brothers’ attorneys aim for them to be resentenced to a lesser term, that would allow them to be released or become eligible for parole.
“We are aware of the defense’s concerns and welcome the opportunity to address them in court,” District Attorney Hochman said in a statement to media later Thursday. “Our office remains committed to ethical and impartial prosecution. We believe the facts will demonstrate that our conduct has been professional, appropriate, and in the interest of justice.”
Hochman has strongly opposed the incarcerated brothers’ being freed after more than 30 years in jail for the 1989 murder of their parents.
In February, he disputed the brothers’ accounts of ongoing sexual abuse at the hands of their father, Jose Menendez, which he called “lies and deception.” He also stated his intent to consider each brother’s case separately.
Members of the Menendez family who have been advocating for Erik and Lyle’s release have also taken issue with Hochman’s approach to their case, which gained renewed interest after being spotlighted in the Netflix series “Monsters: The Lyle and Erik Menendez Story.”
The city’s previous D.A., George Gascón, was a proponent of resentencing Erik and Lyle in light of newly discovered evidence that backed up their accounts of abuse. He also submitted a clemency request to California Gov. Gavin Newsom before his loss to Hochman in the November 2024 election.
At issue in Thursday’s postponement was the risk assessment from the governor’s office, according to ABC News.
A previously scheduled resentencing hearing in January was moved due to the Los Angeles wildfires.