Timing of DA Gascón’s decision on Menendez case raises questions for some

When Los Angeles District Attorney George Gascón said earlier this month that he would revisit the famous murder case of Erik and Lyle Menendez and decide whether to ask a judge to consider resentencing the brothers, some people – including his political rival – questioned the timing of his announcement.

Gascón, a Democrat who swept into office in 2020 thanks to a progressive voter base made up of criminal justice reform advocates, is trailing by double digits in the polls in his bid for reelection this November.

And on Thursday, Oct. 24, his opponent in the D.A. race, former federal prosecutor Nathan Hochman, accused the incumbent of using the Menendez brothers’ high-profile case to score political points. In a statement, Hochman said the D.A.’s office received a petition back in May 2023 and a request to resentence them in February of this year.

The Menendez brothers are serving life sentences in prison without the possibility of parole. But Gascón said Thursday he will ask a judge to consider reducing the brothers’ sentences down to life with the possibility of parole. Because the murders were committed when the brothers were younger than 26 years old, it effectively would allow them to be released from prison immediately.

Hochman said Gascón waited until “days before the Nov. 5 election, 30 points down in the polls” to release his recommendation for resentencing the Menendez brothers.

“By releasing it now, Gascón has cast a cloud over the fairness and impartiality of his decision, allowing Angelenos to question whether the decision was correct and just — or just another desperate political move by a D.A. running a losing campaign scrambling to grab headlines through a made-for-TV decision,” Hochman said.

Gascón rejected claims that his decision was politically motivated.

“There’s nothing political about this,” Gascón said during a Thursday news conference about his plans to ask a court to consider resentencing the Menendez brothers.

“We have re-sentenced over 300 people, including 28 for murder. And we will continue to re-sentence people in the future,” he said about the D.A.’s office under his tenure.

The Democrat was swept into office in 2020 thanks to a progressive voter base made up of criminal justice reform advocates. Hochman has criticized the incumbent as being too soft on criminals.

And Hochman isn’t the only one who’s accused Gascón of using the Menendez case to promote his profile.

Some believe Gascón chose this moment – just weeks out from Election Day – to bring up the Menendez case in hopes that the media attention will stir up publicity for himself.

“When you are running a campaign, when you’re a candidate who’s also an elected official … you use the office to make news,” said longtime Democratic strategist Mike Trujillo.

Although Trujillo acknowledged that the intense public interest in the Menendez brothers will bring attention to Gascón, he cast doubt that the attention could sway the outcome of the D.A. race.

“It’s a high-profile case. I just don’t know that Angelenos are on the side of the Menendez brothers,” Trujillo said.

The Menendez brothers made national headlines for the murder of their parents, Jose and Kitty Menendez, in 1989. They were 21 and 18 years old at the time. Their attorneys claimed they were victims of sexual abuse by their father and had acted out of fear that their parents would kill them to prevent them from disclosing their father’s behavior.

The brothers, now 56 and 53, are serving life sentences without the possibility of parole.

Some relatives of the Menendez brothers spoke in favor of a resentencing during Thursday’s press conference. One of the brothers’ cousins thanked Gascón for putting “justice over politics” and said his decision was “a recognition of the abuse my cousins endured.”

But at least one member of the Menendez family disagreed with the D.A.

The attorney for Kitty Menendez’s brother, Milton Andersen, who opposes a resentencing for his nephews, slammed Gascón, claiming that his decision to revisit the case at this moment is politically motivated.

“With Gascón trailing by 30 points in the polls, his desperation is palpable,” Andersen’s attorney, Kathy Cady, said in a statement Thursday.

“The upcoming election is less than two weeks away, and it seems Gascón is willing to manipulate the facts for a fleeting chance to salvage his political career. But justice should never be sacrificed for political gain,” Cady said. “His decisions must be grounded in truth and law, not a last-ditch effort to sway voters. Gascón’s failure to uphold his ethical responsibilities is a disgrace, and the victims of this horrific crime, including Mr. Andersen, deserve far better than being pawns in a politician’s game.”

Gascón previously said he chose to reexamine the case because of recent new evidence – a letter that Erik Menendez reportedly wrote to a cousin years ago, which his attorneys say corroborates allegations that their father was sexually abusive, plus claims by a former member of the Latin pop group Menudo who recently came forward and said he was raped by Jose Menendez in the 1980s when he was a teenager.

Public interest in the case was renewed because of two documentaries about the Menendez brothers released this year.

Gascón said his office was “flooded” with requests for information but didn’t have the resources to handle the volume. That, he said, is why he decided to take action now, though it had already been scheduled to be heard in late November.

Bill Przylucki is director emeritus of Ground Game LA, an organization that tries to get progressive leaders elected and has endorsed Gascón for reelection. For his organization, it is a “non-issue” that some question the motive behind the timing of Gascón’s resentencing decision, he said.

He said Ground Game LA hasn’t taken a position on whether the Menendez brothers should be resentenced. Przylucki said he was speaking for himself when he said: “I have no specific reason to believe or not believe that the election had any influence on his thinking, or the timing of his decision on the Menendez case. And frankly, I’m not that interested in it.”

“When is the wrong time to reexamine a case that should potentially be reexamined?” he asked.

Michele Hanisee, president of the Association of Los Angeles Deputy District Attorneys, the union representing nearly 900 deputy district attorneys in L.A., had a different take. The union has endorsed Hochman in the upcoming election.

In a post on the union’s website, Hanisee criticized the D.A.’s decision, saying “Gascón’s actions make it clear that he is more interested in using his office for free media attention than in actual justice. His self-serving agenda has left victims and their families neglected while he chases the next headline.”

Gascón’s campaign declined to comment for this article.