Menendez brothers attorneys rescind motion to have LA County DA kicked off resentencing case
LOS ANGELES (KABC) -- Attorneys for Erik and Lyle Menendez on Friday unexpectedly rescinded their request to have Los Angeles County District Attorney Nathan Hochman be removed from the brothers' resentencing case.
Just a few weeks ago, the brothers' lead attorney Mark Geragos heatedly argued that Hochman needed to be removed from the brothers' resentencing hearing.
In response, Hochman filed an opposition motion, calling the efforts to remove him from the case a "drastic and desperate step" that is "devoid of merit."
But on Friday, Geragos changed his mind and pulled the recusal motion, calling it a strategic move.
This cleared the way for the judge to move on to the second motion in the hearing, which is to hash out if new information included in the California Parole Board's "Comprehensive Risk Assessment" of the brothers was strong enough to convince the judge to withdraw the DA's office's resentencing request that was initiated last year by then-DA George Gascón.
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Hochman argued the case himself Friday morning, quoting psychologist findings that Lyle has a sense of entitlement, narcissistic traits and that he broke prison rules.
He also said Erik had been found to sell and use drugs, aided a fellow inmate in tax fraud and was in possession of an illegal cellphone earlier this year.
"They determined that each of the Menendez brothers constituted moderate risk of violence, which was higher than the prior determinations of low risk of violence," Hochman said.
But the judge again denied the request to withdraw the resentencing.
After the hearing, Geragos made the argument that the Menendez brothers are practically guaranteed to be resentenced now - as long as they don't commit a major felony - a so-called "super strike" - in the upcoming weeks.
"Are they likely to commit a 'super strike?' Last time I looked, cellphones in prison are not a 'super strike,'" Geragos said.
The resentencing hearing is now slated for May 13 and 14. The brothers also have their parole hearings coming up in mid-June.
Lyle and Erik have been virtually taking part in these hearings from their San Diego prison. Geragos hasn't decided if they will actually speak at their resentencing hearing, though Menendez family members think it would help the brothers
"I think everyone should hear from them to some degree. They are their best spokespeople. They are really tremendous to listen to," said Anamaria Baralt, a cousin of the brothers.
The brothers were sentenced in 1996 to life in prison without the possibility of parole for fatally shooting their entertainment executive father, Jose Menendez, and mother, Kitty Menendez, in their Beverly Hills home. The brothers were 18 and 21 at the time of the killings. Defense attorneys argued the brothers acted out of self-defense after years of sexual abuse by their father, while prosecutors said the brothers killed their parents for a multimillion-dollar inheritance.
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The Associated Press contributed to this report.
