Judge rejects DA’s motion withdrawal, Menendez brothers resentencing hearing set

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1 min read
April 12, 2025
A judge’s decision to move forward could mark a major turning point in one of California’s most notorious double murder cases.

VAN NUYS, CALIF. — A Los Angeles County judge has denied a request by District Attorney Nathan J. Hochman to withdraw a resentencing motion filed by a previous administration in the high-profile case of Lyle and Erik Menendez, clearing the way for a resentencing hearing next week.


Key Points

  • Judge Michael Jesic denied the District Attorney’s motion to withdraw a prior resentencing request.
  • The Menendez brothers will appear for a resentencing hearing on April 17 and 18.
  • DA Hochman argued the brothers have not shown full insight or accountability for their crimes.

Court proceeds despite DA’s objection

Superior Court Judge Michael Jesic ruled that the April 17 and 18 hearing at the Van Nuys Courthouse will proceed, relying on both the court’s own motion and a motion previously submitted under a prior district attorney. Hochman sought to rescind the earlier motion, citing concerns over the Menendez brothers’ lack of full acceptance of responsibility.

“There were two paths to get to a resentencing hearing: The Court’s own initiated motion and the prior DA’s motion,” Hochman said in a statement. “We are prepared to go forward with the Court’s own initiated motion.”

Prosecutors argue lack of rehabilitation

In his statement, Hochman said that while the court denied the motion to withdraw, it acknowledged that the current DA’s office acted independently of political influence. The office maintains that the Menendez brothers have not fully admitted to their criminal conduct, including fabricating a self-defense narrative and making false claims about their parents.

“These murders were calculated, premeditated, cold-blooded killings,” Hochman said. “Until the Menendez brothers finally come clean… they are not rehabilitated and pose an unreasonable risk of danger to public safety.”

Next steps in long-running case

The resentencing hearing will evaluate whether the life sentences of the Menendez brothers should be reconsidered under new legal standards, which factor in rehabilitation. The two have been incarcerated since their 1996 convictions for the 1989 killings of their parents, Jose and Kitty Menendez.

The Los Angeles County District Attorney’s Office will participate in the hearing, led by Assistant Head Deputy Habib Balian and Deputy District Attorneys Seth Carmack and Ethan Milius.

Phil Stilton

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