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The Los Angeles District Attorney’s Office has firmly rejected the recusal request from **ERIK** and **LYLE MENENDEZ** in their resentencing case, labeling the move as a “desperate and drastic step.” The brothers, convicted of the 1989 murder of their parents, **JOSE** and **KITTY MENENDEZ**, are seeking a new sentencing hearing, arguing that the DA’s office is biased against them.
In a 22-page opposition filed this week, **CALIFORNIA ATTORNEY GENERAL ROB BONTA** and the Los Angeles District Attorney’s Office stated that the defense has failed to provide sufficient evidence to justify the recusal of the entire DA’s office. The filing emphasized that the claims made by the **MENENDEZ** brothers’ legal team do not meet the stringent standards required for such a recusal.
The defense had argued that the DA’s office violated **MARSY’S LAW** and demonstrated bias against the brothers. They also pointed to the prior involvement of **KATHLEEN CADY, an attorney who previously represented a family member opposed to the resentencing, as a potential conflict of interest. However, the DA’s office countered that **CADY** has been effectively walled off from the case to prevent any conflict.
**LOS ANGELES DISTRICT ATTORNEY NATHAN HOCHMAN** filed a separate response, asserting that the **MENENDEZ** brothers are attempting to force a recusal simply because they disagree with the DA’s stance on resentencing. Hochman described the defense’s argument as a “desperate attempt to sidestep the central issue of resentencing” and emphasized that such claims hold no merit in a court of law.
The **MENENDEZ** brothers’ legal team, led by **ATTORNEY MARK GERAGOS**, has argued that the brothers’ claims of childhood sexual abuse were excluded during their second trial, leading to an unfair conviction. Geragos also alleged that **HOCHMAN** has a conflict of interest due to his hiring of **KATHLEEN CADY** and his stance on resentencing.
The case has drawn significant attention, with the **MENENDEZ** brothers’ supporters advocating for a new sentencing hearing. Their first trial ended in a mistrial, and their second trial in the mid-1990s resulted in a conviction based on the prosecution’s argument that the murders were motivated by greed.
A hearing is scheduled for **FRIDAY**, where **LOS ANGELES COUNTY SUPERIOR COURT JUDGE MICHAEL JESIC** will preside. Additionally, the brothers are set to appear before the state parole board on **JUNE 13** as part of a comprehensive risk assessment ordered by **CALIFORNIA GOVERNOR GAVIN NEWSOM**, who is considering their clemency request.
The case continues to unfold as the legal battle over the **MENENDEZ** brothers’ resentencing intensifies.
**Source:** [Fox News](https://www.foxnews.com)