The prosecutor of the new Menendez brothers case criticizes the "baseless" conflict claim in an attempt to remove the case from Los Angeles.

The office of DA Nathan Hochman denies any conflict in the resentencing request for Erik and Lyle Menendez.

The prosecutor of the new Menendez brothers case criticizes the "baseless" conflict claim in an attempt to remove the case from Los Angeles.
The prosecutor of the new Menendez brothers case criticizes the "baseless" conflict claim in an attempt to remove the case from Los Angeles.

The Los Angeles District Attorney's office is challenging a claim of conflict of interest in the Menendez brothers' case, as reports suggest their relatives are seeking to have their potential resentencing handled by the state attorney general's office rather than county prosecutors.

"The DA spokesperson told Planet Chronicle Digital that the conflict of interest issue raised to the media before the District Attorney's Office is unfounded. All Menendez victim family members have been invited to speak with the DA before any final decisions are made, and these discussions are expected to be completed in the near future."

Gascon, Hochman's predecessor as DA, had reportedly only met with relatives who supported the brothers' freedom and not their uncle, Milton Andersen. He has consistently opposed any leniency for his nephews, who were convicted of shooting their parents, Andersen's sister and brother-in-law, in their Beverly Hills living room in the late 1980s.

Erik with graying hair and Lyle Menendez, bald, in their most recent mugshots
Lyle Menendez, left, and his brother, Erik (California Department of Corrections and Rehabilitation)

On August 20, 1989, Erik and Joseph "Lyle" Menendez, who were behind their parents, Jose and Mary "Kitty" Menendez, opened fire, resulting in their arrest after a $700,000 spending spree. Initially, investigators suspected a mob hit, but it was later determined that the brothers were responsible.

They were convicted and sentenced to life without parole after their first trial ended in a hung jury, but they are hoping for a reduction in their sentence under California's new resentencing law.

Joan Andersen VanderMolen, 92, the sister of Andersen and Kitty, is among 24 other relatives who advocate for the freedom of the brothers. After a series of documentaries examined their father's alleged child abuse, there has been widespread public support for their release.

The Menendez brothers
Erik Menendez, left and his brother Lyle listen during a pre-trial hearing on Dec. 29, 1992, in Los Angeles (Vince Bucci/AFP via Getty Images)

New evidence supports the case of Roy Rosello, a member of the 1980s boy band Menudo, who accused Jose Menendez of abuse last year. Additionally, a letter allegedly written by Erik Menendez to his cousin, Andy Cano, eight months before the murders, could support some of Cano's trial testimony about Jose Menendez. However, the authenticity of the letter has been questioned in court filings since Cano died in 2003.

According to ABC News, Andersen VanderMolen's attorney, Bryan Freedman, intends to request a transfer of their potential resentencing to the California Attorney General's Office following the defeat of a supportive Los Angeles district attorney in the re-election.

Joan Andersen VanderMolen, sister of Kitty Menendez, looks on as family members of Erik and Lyle Menendez hold a press conference
Joan Andersen VanderMolen, sister of Kitty Menendez, looks on as family members of Erik and Lyle Menendez hold a press conference in Los Angeles on Oct. 16, 2024. (REUTERS/Mike Blake)

In the final weeks of his term, Gascon advocated for a resentencing that could have resulted in the brothers' release under a new California law. However, he was defeated in a landslide by Hochman, an independent, who pledged to thoroughly examine the facts of each brother's case before making a decision.

According to an ABC report, Kathleen Cady, Andersen's former attorney, now works in Hochman's office, which Freedman claims creates a conflict of interest.

Cady, who previously worked as a deputy district attorney for decades and later became a victims' rights advocate, will assume the role of director of the LA County DA's Bureau of Victim Services on January 6th. She declined to provide any comment on her new position. She is no longer representing Andersen.

Menendez family photo from the 1980s
An undated photo of the Menendez family is shown onscreen during a panel at CrimeCon 2024 in Nashville, Tenn. (Michael Ruiz/Planet Chronicle Digital)

The siblings asserted self-defense, stating that they ended their father's life because they believed he would murder them if they revealed him as a child molester.

They fired so many shells at their mother that they had to go outside to get more before she could escape.

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Menendez brothers house
Exterior of the Menendez brothers' former mansion in 1989 (Clark Fogg, retired Beverly Hills Police Department forensic specialist)

This year, Andersen strongly disagreed with the proposal to shorten their sentences and declared in a statement to Planet Chronicle Digital that he does not believe the brothers' allegations of sexual abuse by their father.

"R.J. Dreiling, Mr. Andersen's new attorney, informed Planet Chronicle Digital that he deeply loves his sister and mourns her daily. He appreciates the new DA's commitment to reviewing all evidence, listening to everyone affected by his sister's murder, and ensuring justice is served."

The Cano letter and Rosello's allegations are the basis for a habeas corpus petition that could potentially lead to freedom for the brothers if successful.

Gov. Gavin Newsom opted not to grant a clemency petition for the brothers, citing the need to defer to Hochman's pending review of the case before making a decision.

by Michael Ruiz

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