Menendez brothers' freedom could be thwarted as LA DA Gascon fired

The Menendez brothers' freedom bid could be thwarted after Los Angeles County District Attorney George Gascón lost his re-election bid on November 5.

The LA DA who recently shared his office's decision to recommend the killer brothers be resentenced, was fired by voters as former US Assistant Attorney General Nathan Hochman claims the title.

Hochman has not yet revealed his stance on the Menendez brothers - who are currently serving life sentences without parole for the murders of their parents Jose Menendez and Mary Louise 'Kitty' Menendez.

However, he has previously slammed Gascon for his decision after the hit Netflix drama Monsters: The Lyle and Erik Menendez Story, caused the case to regain global attention.

Hochman said during an October debate: 'The timing is incredibly suspicious'.

But the new LA DA, who may withdraw Gascon's recommendation regarding the pair - previously reassured during a LA Times and KNX News debate that if he were elected he 'would get deep, deep into the facts.

'You would certainly not have me hold a press conference to tell you I'm just thinking about it'.

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While Gascon recommended resentencing, Hochman said  he has to thoroughly review the case and the law before coming to any decision.

'Before I can make any decision about the Menendez brothers' case, I will need to become thoroughly familiar with the relevant facts, the evidence and the law,' Hochman said in a statement.

'I will have to review the confidential prison files for each brother, the transcripts from both trials, and speak to the prosecutors, law enforcement, defense counsel, and the victims' family members.'

The statement concludes, 'If for some reason I need additional time, I will ask the court for that time.' 

But with a resentencing hearing set for December 11, and Hochman expected to take office on December 2, Hochman will have only a little over a week to make a final decision.

Speaking to CNN Wednesday, Hochman said he would move as 'expeditiously' as possible to review the landmark case. 

'If I ask for a delay, it won't be a delay for delay's sake because I think the Menendez brothers, the victims, family members, the public deserve to have a decision done as soon as it can be done in a thorough manner,'he told the outlet.

Gascon  held a press conference just two weeks ago where he recommended Erik and Lyle receive a new sentence - 35 years after they murdered their parents inside their Beverly Hills mansion in 1989.

His recommendation was that they be eligible for parole immediately - but it will be up to a court to ultimately determine the final sentence for the brothers.

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'I believe they have paid their debt to society... and the system provides a vehicle for their case to be reviewed by a court of law,' Gascon said at the time.

The announcement came on the back of mounting community pressure to reconsider the life sentences without parole Erik and Lyle received at their 1996 trial.

The brothers have never denied killing their parents, but have long claimed they were driven to do so after suffering years of sexual and physical abuse at the hands of their businessman father.

The public was unconvinced by their claims in the 1980s, believing instead they were ruthless monsters.

But in recent months, a TikTok movement of more sympathetic fans and a duo of Netflix shows has won them favor.

Gascon approached the Menendez brothers' relatives when he made his way into the press conference last month, greeting Kitty's sister Joan, 92, who has long advocated for her nephews' release.

A sympathetic Gascon told the packed room: 'I do believe they were molested. They have been in prison for nearly 35 years. I believe that they have paid their debt to society.

'After careful review, I came to a place where I believe that resentencing is appropriate.

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'I am going to recommend that to a court tomorrow. What that means, is that we're going to recommend to the court that life without possibility of parole be removed, and they be sentenced for murder, which, because there were two murders involved, that's 50 years to life.

'But under the law, because at the time they were under 26 at the time these crimes occurred, they will be eligible for parole immediately.'

It was a bittersweet announcement for the brothers' loved ones, including Erik's wife, Tammi Menendez, and Lyle's wife, Rebecca Sneed.

'Yesterday was a difficult and emotional day,' Tammi wrote on X/ Twitter, on October 25. 

'I am Grateful to DA Gascon for his courage to seek re-sentencing for Erik. I am naturally disappointed he did not go further and act on his own belief that Erik and Lyle have served enough time in prison.'

Gascon had the opportunity to recommend the charges be reduced to manslaughter, but he opted against that because 'these were clearly murders.'

'I don't believe manslaughter would have been the appropriate charge given the premeditation,' he said.

'I believe these were clearly murders. I don't think it would be appropriate to go all the way down to manslaughter.'

While Gascon hoped the Menendez brothers would soon be freed, he acknowledged that his office was deeply divided over the case.

'We don't have a universal agreement. There are people in the office that strongly believe they should stay in prison the rest of their life, they do not believe they were molested,' he said.

'And there are people in the office that strongly believe they should be released immediately.

The re-examination of the case comes more than 35 years after Jose and Kitty Menendez were fatally shot by their sons, who were 21 and 18 at the time.

The pair were arrested less than a year later, in 1990, and convicted of first-degree murder in 1996.