In a significant legal development, MARK GERAGOS, the attorney representing convicted murderers ERIK and LYLE MENENDEZ, has filed a motion to disqualify Los Angeles County District Attorney NATHAN HOCHMAN and his office from the brothers’ resentencing case. The motion, submitted on Friday, alleges a conflict of interest that could compromise the fairness of the proceedings.
The motion, now before Los Angeles County Superior Court Judge MICHAEL JESIC, argues that Hochman’s office cannot impartially represent the state due to potential biases stemming from recent staffing decisions. The Menendez brothers, serving life sentences without parole for the 1989 murders of their parents, are seeking reduced sentences.
The legal action is rooted in the constitutions of the United States and the State of California, as well as California Penal Code 1424. It contends that the conflict of interest could deny the defendants a fair hearing and equitable treatment throughout the proceedings. If the motion is denied, Geragos plans to request an evidentiary hearing and call Hochman and others to testify.
Central to the motion is the hiring of attorney KATHLEEN CADY, who previously represented MILTON ANDERSEN, the sole Menendez family member opposing the resentencing. Cady now heads the district attorney’s Office of Victims\’ Services, a position Geragos argues creates a glaring conflict of interest. Cady\’s affiliation with Justice For Murdered Children, a group that publicly condemned the brothers\’ resentencing during a rally headlined by Hochman on April 13, further fuels the allegations.
The document also accuses Cady of neglecting her duties by failing to warn Menendez family members about graphic imagery presented during an April 11 hearing, violating victims\’ services laws.
ERIK and LYLE MENENDEZ were convicted in 1996 for the murders of their parents, MARY KITTY MENENDEZ and JOSE MENENDEZ. They have maintained that years of sexual abuse by their father drove them to commit the killings. After a mistrial in their first case in 1994, they were convicted in a second trial and have since spent 35 years in prison.
The next hearing in the case is scheduled for May 9.
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**Sources:**
Fox News Digital: [Menendez Brothers’ Attorney Files Motion to Disqualify DA](https://www.foxnews.com)