Menendez Case: New D.A. Replaces Deputies Who Sought Resentencing

The new Los Angeles County District Attorney has removed the two deputies who sought to reduce the sentences of Lyle and Erik Menendez from his office’s post-conviction unit.

Nathan Hochman was sworn into office last week after trouncing incumbent George Gascón in the November election. The Menendez case is the among the highest-profile matters left for Hochman by the previous administration.

Gascón’s deputies, Nancy Theberge and Brock Lunsford, petitioned a judge in October to reduce the brothers’ sentences of life without parole. The brothers have served 34 years for the 1989 murders of their parents, which resurfaced in popular culture with the release of the Netflix series “Monsters” in September.

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The Menendez family and supporters argue that the brothers were victims of sexual abuse, and should be set free. A hearing on the D.A.’s motion is set for Jan. 30-31.

Hochman has been critical of Gascón’s handling of the Menendez case, accusing him of publicity-seeking. He has not said whether he will stand by the request or seek to withdraw it. But the personnel moves suggest a potential break from the previous administration’s approach.

Theberge, the head of the D.A.’s resentencing unit under Gascón, has been told she will be involuntarily transferred to the office of the Alternate Public Defender, according to multiple sources familiar with the situation. Lunsford has also been moved out of the D.A.’s post-conviction unit, though he remains with the D.A.’s office, according to sources.

The two deputies submitted a 57-page filing on Oct. 24 arguing that the Menendez brothers had shown “overwhelming” evidence of rehabilitation, and should be resentenced to 50 years to life, which would make them immediately eligible for parole.

“We now understand that public safety is not best achieved through overly harsh punishments that ignore rehabilitation,” they wrote in the filing, adding that the brothers “have transformed and taken advantage of meaningful opportunities to mature, move beyond criminal thinking, repent, and become productive community members.”

Theberge was a deputy public defender before joining Gascón’s office. Hochman argued during the campaign that Gascón was too soft on crime, and has reportedly been seeking to remove Gascón appointees who previously worked in the public defender’s office.

A D.A. spokeswoman said on Friday that Antonio Aguilar would be the new deputy in charge of the resentencing unit and the post-conviction and discovery division. Aguilar told Variety on Monday that was not true, though his name is listed in that role on a roster of new appointments.

The office also said that no changes had been made in the assignments on the Menendez case. Asked for clarification on Wednesday, the spokeswoman said “The office declines comment on personnel matters.”

The resentencing hearing was originally scheduled for Wednesday. But at a Nov. 25 status hearing, Judge Michael Jesic postponed it until late January “out of respect to the new administration” — giving both Hochman and the judge time to get up to speed on the voluminous case file.

“I want him to be able to have his say,” the judge said.

Hochman could choose to proceed with the original recommendation, or ask to withdraw it if he offers a “legitimate reason.” If he changes course, the brothers’ lawyer, Mark Geragos, would likely urge the judge to hold Hochman to the earlier request.

Geragos has also filed a habeas corpus petition, arguing that new evidence has come to light that supports the abuse claims and warrants a new trial. The D.A.’s office was expected to respond to that request by Nov. 26, but asked on that date to extend the deadline to Dec. 20.

The brothers are also seeking clemency from Gov. Gavin Newsom, though Newsom has said he will hold off on that request in deference to Hochman.

Gascón was elected in 2020 as a criminal justice reformer. He created a new unit to reevaluate prisoners’ sentences, and ultimately secured some 300 resentencings.

On his first day in office on Dec. 3, Hochman rescinded many of Gascón’s directives, freeing up prosecutors to file enhancements and make other more aggressive charging decisions. He did not rescind Gascón’s resentencing policy, which set out circumstances in which the D.A. would ask judges to modify sentences.

Much of that policy is governed by recent state-level reforms, making a blanket repeal impractical. Instead, the D.A.’s office is taking a more nuanced look at the issue.

“We are in the process of reviewing prior resentencing policies,” the spokeswoman said. “Where appropriate, prior actions will be reviewed.”