Los Angeles District Attorney Nathan Hochman has formally requested the court to dismiss the Menendez brothers' petition for a new trial. Hochman's decision contradicts the stance of his predecessor, George Gascon, who had suggested a retrial based on a letter indicating potential abuse by the brothers' father. However, Hochman argues that the evidence, including the letter, doesn't meet the necessary legal threshold for a new trial.
Hochman expressed skepticism about the letter, purportedly written by Erik Menendez to his cousin Andy Cano eight months before the 1989 murders of their parents, Jose and Kitty Menendez. The letter details allegations of sexual abuse. Hochman questioned the letter's authenticity and timing, emphasizing its late emergence and the substantial delay in its presentation to the court. He stated that even if authentic, the letter's delayed introduction and admissibility issues weaken its impact on the case.
The District Attorney explained that if the court chooses not to dismiss the petition outright, the next step would involve an order to show cause, prompting a more detailed legal response from his office. He also acknowledged Governor Gavin Newsom's pending clemency petition, stating that the governor has full discretion over its handling and timeline.
The Menendez family expressed strong disappointment with Hochman's decision, arguing that he disregarded new evidence and the trauma experienced by the brothers. They criticized Hochman's assertion that the alleged abuse didn't contribute to the murders, calling it both "outrageous" and "dangerous." The family believes the justice system continues to fail Lyle and Erik, emphasizing that the full truth, including key testimony, was withheld from the jury in their second trial.
They accuse Hochman of politicizing the decision despite promises to remain impartial and urge him to consider the brothers' rehabilitation and the standards set by California law when making a resentencing recommendation. The family maintains their hope that the judge will impartially review the evidence and acknowledge the brothers' abuse, emphasizing their decades-long fight for justice and the brothers' subsequent dedication to helping others.
