LOS ANGELES — A new move within the Los Angeles County District Attorney’s Office could mean a major shift in the Menendez brothers’ case.
ABC News reports that Bryan Freedman, the attorney representing 24 relatives advocating for the immediate release of Erik and Lyle Menendez, plans to ask the Los Angeles Superior Court to move the case to the California Attorney General’s Office.
Freedman alleges a conflict of interest involving Nathan Hochman, the new district attorney of L.A. County, and Kathleen Cady, a key supporter of Hochman who recently became the director of the Bureau of Victims Services in the DA’s office.
Cady previously represented Milton Andersen, the brother of Kitty Menendez, who advocated for keeping Erik and Lyle Menendez in prison.
She has resigned from that role.
If granted, Freedman and the family believe California Attorney General Rob Bonta is likely to be far more supportive of the brothers’ release efforts than Hochman.
Last week, Freedman sat down with ABC News Chief National Correspondent Matt Gutman for an exclusive interview with “Good Morning America” and said the brothers’ family members have become increasingly concerned, accusing Hochman of “playing politics.”
“He should use that time wisely … meet with the family members,” Freedman said during the interview. “The family members are victims. They suffered loss. They have also seen the rehabilitation. They are the best people to talk to.”
Hochman has told ABC News that he plans to review all the evidence in the brothers’ case.
It all began in 1989, when Lyle, then 21, and Erik, then 18, fatally shot their parents in the family’s Beverly Hills home.
The defense claimed the brothers acted in self-defense after enduring years of sexual abuse by their father, but prosecutors alleged they killed for money.
The first trial, which had separate juries for each brother, ended in mistrials.
In 1996, after the second trial — during which the judge barred much of the sex abuse evidence — the brothers were convicted and both sentenced to two consecutive terms of life without parole.
Last month, a judge pushed back a scheduled hearing regarding the brothers’ resentencing recommendation from Dec. 11 to Jan. 30 and Jan. 31. The judge said he needs time to go through 17 boxes of files on the case and said he wanted to give Hochman ample time to get up to speed.
Hochman said he will speak with witnesses before weighing in the case. So far, according to ABC News, he has already taken the two deputy district attorneys who prepared the brothers’ resentencing off the case.
“It tells me that there’s a chance that the DA is playing politics,” said Freedman. “That politics are coming into play here, and it concerns me that what’s happening is there are favors being performed.”
ABC News also learned that Hochman’s first outreach to the Menendez family was to the single family member opposed to the release of the brothers: Kitty’s brother Milton Andersen.
“It doesn’t feel good,” said Freedman when asked about what kind of message that sends.
Hochman recently addressed the claim that the state did not recognize the alleged sexual abuse that the young boys endured at the hands of their father, telling Deadline, “Erik Menendez was able to testify in great detail about all the sexual abuse he experienced. He was even able to testify about sexual abuse that Lyle experienced.”
“Do you feel that was the case?” Gutman asked Freedman.
“The evidence shows it wasn’t the case,” responded Freedman. “You have a number of witnesses, a number of family members, who weren’t able to testify about the abuse that they saw.”
Hochman has also said he’ll take a close look at the brother’s rehabilitation in prison. He has hinted that he might separate their resentencing cases, which could mean that Erik could be released before Lyle, who has a couple of minor infractions.
ABC News contributed to this report.
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