Brade
“`html
In a recent development, the legal team representing ERIK AND LYLE MENENDEZ, the convicted brothers serving life sentences for the 1989 murder of their parents, has taken action to disqualify Los Angeles County District Attorney NATHAN HOCHMAN and his office from handling their resentencing case. The motion, filed by attorney MARK GERAGOS and his co-counsel, alleges a conflict of interest that could compromise the fairness of the proceedings.
The motion was submitted to Los Angeles County Superior Court Judge MICHAEL JESIC, who is overseeing the case. The brothers, convicted in 1996 for the murders of their parents, JOSE and MARY KITTY MENENDEZ, are seeking a reduced sentence. The next hearing is scheduled for May 9, 2024.
According to the legal documents, the motion is based on the U.S. Constitution, the California Constitution, and California Penal Code 1424. It argues that HOCHMAN‘s office cannot ensure a fair trial due to a conflict of interest. If the motion is denied, GERAGOS plans to request an evidentiary hearing to demonstrate the conflict, potentially calling HOCHMAN and others to testify.
The conflict stems from the hiring of attorney KATHLEEN CADY by HOCHMAN‘s office. CADY, who previously represented a family member opposed to the brothers’ resentencing, was appointed to lead the District Attorney’s Office of Victim Services. The motion claims that CADY has a clear conflict of interest, as she has publicly opposed the brothers’ resentencing and failed to provide adequate support to the MENENDEZ family in her official capacity.
Additionally, the motion highlights CADY‘s involvement with the organization Justice for Murdered Children, which has publicly condemned the brothers’ resentencing efforts. The document also alleges that CADY failed to warn the MENENDEZ family about graphic evidence presented during a recent hearing, violating victim service protocols.
The case dates back to 1989 when ERIK and LYLE MENENDEZ were accused of murdering their parents in their Beverly Hills home. The brothers claimed they acted in self-defense after years of alleged abuse by their father. Their first trial in 1994 ended in a mistrial, but they were convicted in 1996 and have since served 35 years in prison.
For more details, visit the original source: Fox News.
“`
