Los Angeles District Attorney George GascónKnown for his push to resentence Erik and Lyle Menendez, he lost his re-election bid to former US Deputy Attorney General. Nathan Hochman.

Hochman, a former federal prosecutor, has positioned himself as a “hard middle” candidate, distancing himself from both extremes. imprisonment measures and what he called the “public security failure” of the four years of Gascón’s administration.

Alison Triesslsaid a prominent Los Angeles criminal defense attorney who went to high school with Erik Menendez. news week Hochman now faces the decision of how to proceed with the Menéndez brothers case.

“This case is now yours,” Triessl said. “There is case law on whether Nathan Hochman can summarily say, ‘I’m going to withdraw the request for new sentence.’ If you want to withdraw the case, you can do so, but you need good cause. “There has to be a reason, a legitimate reason, for me to withdraw the resentencing request.”

Hochman said publicly that he will take the time to re-evaluate the case, possibly request a continuance, review trial transcripts, examine jail reports and consult with prosecutors.

“Nathan Hochman is in a unique position because, in a way, he can start over,” Triessl said.

she said beverly hills The Police Department, the agency that responded to the murders of José and Kitty Menéndez on August 20, 1989, did not have the opportunity to provide information to Gascón about the desired outcome, but Hochman will now seek his input.

On October 24 Gascon announced plans to recommend The life sentences of the Menéndez brothers. without the possibility of parole be replaced by a sentence of 50 years to life in prison sentence for murder. He said that, due to their ages at the time of the crimes, they would be eligible for parole immediately.

This contrasts with his current sentences, although the murder convictions remain valid.

In 1996, both brothers were sentenced to life in prison without the possibility of parole for shooting their parents to death. The brothers fired 14 shots while the couple sat watching television in their study. beverly hills house.

Hochman issued a statement saying: “By releasing it now, Gascon has cast a cloud over the fairness and impartiality of his decision, allowing Angelenos to question whether the decision was correct and fair or just another desperate political move by a prosecutor from the district that is running a losing campaign and struggling to grab headlines through a made-for-TV decision, Angelenos and everyone involved deserve better.”

Hochman also revealed that Gascón initially planned to make a decision in February 2024, after receiving the habeas petition in May 2023.

However, at the press conference where the recommendation was made, Gascón said: “There is nothing political about this. We have sentenced more than 300 people, including 28 for murder, and we will continue to sentence people in the future.”

If the recommendation for a new sentence is upheld, the court has scheduled a hearing for Erik and Lyle on December 11 at the Van Nuys Courthousewhere the brothers were previously tried in 1993 and 1995.

Yeah Judge Michael V. Jesic accepts the recommendation and the district attorney’s office makes no changes, the critical question will be whether the parole board grants the brothers’ release.

Triessl described Jesic as “fair” and “honest.”

“I know this judge well enough to know that he will be thoughtful and thorough, and that he will be as impartial as humanly possible,” Triessl said. “He will do what he believes is his right as a judge and what is best for everyone.”

The petition will take at least 30 days to reach a judge and another six months for a parole hearing, for a total of at least seven months, unless Hochman requires additional time to review the case or decides to withdraw the recommendation.

According to the California Department of Corrections“the proposed decisions will be final within 120 days from the date of the parole hearing. For 120 days following the parole hearing, the audio recording of the hearing will be transcribed and the decision will be subject to review by the Board’s legal office.”

This indicates that, barring legal issues, they could be released within four months of their parole hearing. Adding the initial seven-month wait brings the total time to approximately 11 months.

Another release option is an application for clemency filed with California. Governor Gavin Newsom on October 28 by the brothers’ lawyers, Marcos Geragos and Cliff Gardner.

Clemency It is an act of leniency or mercy granted by a government official, usually a governor or the president, to reduce or eliminate someone’s punishment. It can take different forms, such as a pardon, which forgives a crime, a commutation, which reduces a sentence, or a pardon, which temporarily delays punishment.

If Newsom grants clemency, it could mean a reduced sentence or release for prison. menendez brothers before the date set for the hearing on December 11.

“Governor Newsom has been unwilling to grant clemency in many cases. So if I’m the Menendez brothers and their attorney, I’m not going to put as many eggs in that basket,” Triessl said. “Newsom can do it, but I don’t think it’s the route most likely to be successful.”

Triessl and Erik Menéndez were classmates, study partners and close friends in high school. While she played for the girls Calabasas High School On the tennis team, Erik competed on the men’s team. He often attended games and saw how Erik’s father treated him in public.

“He was one of those parents who you knew would lose his temper and get angry if his child didn’t do well, blaming others for any failure,” Triessl said.

Triessl called Jose Menendez “one of the strictest, meanest, most degrading fathers” I have ever seen.

“He was cruel to Erik and put him down all the time and had a fiery temper,” Triessl said. “There was no doubt that when he was around, you could tell that Erik was intimidated by him, there was no doubt.”

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