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Legal Battle Intensifies in Menendez Brothers’ Resentencing Case

california menendez brothers case

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**MARK GERAGOS, the attorney representing convicted murderers ERIK and LYLE MENENDEZ, has taken significant legal action in their ongoing resentencing case. On Friday, Geragos and his co-counsel filed a motion to disqualify LOS ANGELES COUNTY DISTRICT ATTORNEY NATHAN HOCHMAN and his office from representing the state in the case. The motion, filed in the LOS ANGELES COUNTY SUPERIOR COURT under Judge MICHAEL JESIC, cites a conflict of interest as the primary reason for the request.**

The Menendez brothers, who have been serving life sentences without parole since their 1996 conviction for the 1989 murders of their parents, JOSE and MARY KITTY MENENDEZ, are seeking a reduced sentence. The motion argues that without recusal, a conflict of interest could compromise the fairness of the proceedings, as outlined in the California Penal Code 1424 and the U.S. Constitution.

The legal filing claims that Hochman’s office has shown bias by hiring KATHLEEN CADY, an attorney who previously opposed the brothers’ resentencing, to lead the OFFICE OF VICTIM SERVICES. Cady had represented MILTON ANDERSEN, the sole family member who opposed the resentencing, and allegedly failed to notify the Menendez family of graphic evidence presented during a recent hearing, violating victim services protocols.

The motion also highlights Hochman’s alleged reassignment of NANCY THEBERGE and BROCK LUNSFORD, prosecutors perceived as sympathetic to the Menendez brothers, to other offices. Additionally, it points to Cady’s involvement with the group JUSTICE FOR MURDERED CHILDREN, which has publicly condemned the brothers’ resentencing efforts.

The next hearing in the case is scheduled for May 9. If the motion is not granted, Geragos plans to request an evidentiary hearing to demonstrate the conflict of interest, potentially calling Hochman and others to testify.

The Menendez brothers’ case has been a high-profile legal saga since their parents’ murders in 1989. They claimed the killings were a result of years of abuse by their father, but their first trial ended in a mistrial. They were convicted in a second trial in 1996 and have spent over three decades in prison.

For more updates on this case, follow the FOX TRUE CRIME TEAM on X and subscribe to the TRUE CRIME NEWSLETTER.

**Source:** [Fox News](https://www.foxnews.com)

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