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D.A. Hochman speaks out as Menendez resentencing hearings move ahead

Court ruling moves Menendez brothers closer to resentencing decision
Court ruling moves Menendez brothers closer to resentencing decision 03:37

Two days after a judge ruled that Erik and Lyle Menendez's resentencing hearings could proceed, Los Angeles County District Attorney Nathan Hochman held a press briefing to address the complex legal dynamics surrounding the case.

Hochman explained that there are two distinct avenues toward resentencing: a motion initiated by the court itself, and another previously filed motion by the former District Attorney George Gascón.

"We had said all along that we were prepared to go forth with the court's own motion," he said. "The prior D.A. had also filed an additional motion to get to resentencing and we had sought to withdraw that motion because that prior motion failed to do any examination on whether or not the Menendez brothers had completely accepted responsibility for the full breadth of their criminal actions."

Gascón had sided with the Menendez brothers and family members who stated that, based on new evidence of sexual abuse at the hands of their parents, the brothers' murder charges should be downgraded, which could make them eligible for parole. 

But after reviewing the case files, Hochman announced he was going to oppose resentencing, arguing that Gascón's decision to seek downgraded charges was political and that the brothers have not taken responsibility for the murders of their parents -- Jose and Kitty Menendez -- a sentiment he repeated on Sunday. 

"That is patently false. They have, repeatedly. I don't know why he keeps repeating that. That's just not true," said Anamaria Baralt, the Menendez's brother's cousin, on Friday. 

But Hochman alleges that the brothers have continued to misrepresent the events leading to the murders of their parents. 

"Remember, at trial, the Menendez brothers themselves said, when asked, 'Was sexual abuse the reason that you killed your parents?' Answer, 'No.' It was because they believed that their parents were going to kill them that night, which was false, and they continue to say it," Hochman said. 

The case, long dormant in the public consciousness, surged back into the spotlight following a Netflix docuseries that reignited interest, according to Hochman.

Hochman emphasized the polarized public reaction. "What we are hearing from the public is people who certainly believe that the Menendez brothers should be resentenced, and people who believe that they shouldn't," he added. "Either way, my job is to present the judge with the facts and the law so that the judge makes the best decision."

The brothers were sentenced to life in prison without the possibility of parole at ages 18 and 21 after being convicted of murdering their parents in their Beverly Hills home in 1989. 

Their relatives said they look forward to helping them fight for freedom at the resentencing hearing. 

"We get to talk about who they are as people. We get to talk about their growth. We get to talk about their expressions of remorse and their rehabilitation." Baralt said Friday.

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