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COURT SHOWDOWN LOOMS-
Comparison: Lyle and Erik Menendez vs. David Brinson
On April 11, 2025, a scheduled court hearing will address two motions concerning the Menendez brothers, with additional hearings possibly taking place on April 17 and 18 at the Van Nuys Courthouse.
In October 2024, former Los Angeles County District Attorney George Gascón announced plans to request a resentencing hearing for Lyle and Erik Menendez. He proposed reducing their sentence from Life Without the Possibility of Parole to Life With the Possibility of Parole or 50 years to life. This constitutes the first motion currently before the court.
However, newly elected District Attorney Nathan Hochman filed a second motion to withdraw or dismiss the resentencing request made by Gascón.
During a televised press conference, Hochman stated that his office conducted a comprehensive review of all court transcripts from both trials, the Menendez brothers’ prison files (including inmate records), interviews with investigators, legal counsel, family members, and the brothers themselves. Based on this exhaustive review, Hochman concluded that he could not support the motion for resentencing.
He emphasized that both brothers made numerous false claims which have never been retracted or corrected. For example, Lyle Menendez alleged that his girlfriend had been drugged and raped by his father—claims that were later proven false. To this day, Lyle has not admitted this lie.
Initially, both brothers claimed they were sexually abused by their father. Later, they changed their stories—saying Erik was raped by their father and Lyle by their mother. Hochman questioned their longstanding claim that they acted in self-defense, noting the killings were premeditated: the brothers drove to San Diego to buy shotguns, then killed their parents execution-style. Jose Menendez was shot in the head, kneecaps, and torso. When their mother was found to still be alive, the brothers left the house, reloaded their guns, returned, and shot her point-blank in the face.
Hochman also noted their involvement in suborning perjury—both committing and attempting to persuade others to lie under oath.
The Menendez family has accused Hochman of weaponizing the case, calling him “hostile, dismissive, and patronizing.” A cousin claimed Hochman lacked compassion, and the family now wants him removed from the case, requesting that the California Attorney General take over.
However, it's the judge—not the district attorney—who will decide the matter at the April 11 hearing.
The Menendez brothers, their attorneys, and some family members argue that the brothers have been rehabilitated due to their participation in nonprofit work and completion of college degrees during incarceration. They assert that this warrants their immediate release.
Still, Lyle has violated serious prison regulations. According to social media reports, his most recent violation occurred in 2024. His attorney, Mark Geragos, downplayed these infractions, such as possession of an illegal cell phone, calling them “minor.” Yet illegal cell phones have been used to order murders inside and outside prison walls. Should that be considered minor?
On March 20, 2025, the Menendez family and criminal justice advocates rallied outside DA Hochman's office. Some held signs accusing him of being a liar. But Hochman lied about nothing—his office did the comprehensive case review that Gascón failed to do.
Background on the Brothers
In 1988, while living in Calabasas, Erik and Lyle committed multiple residential burglaries, stealing more than $100,000 in cash and jewelry. Their father, Jose Menendez, paid restitution.
Lyle was later admitted to Princeton University, not for academic merit but due to his background and tennis skills. He was suspended for plagiarism and eventually left due to poor performance.
Despite their claims of living in constant fear of their father, both brothers had considerable freedom. Lyle had a girlfriend, and Erik traveled for tennis tournaments.
No credible proof has ever substantiated their claims of sexual abuse by their parents. They were adults at the time of the murders and could have simply left the household.
Sexual abuse is tragically common. Many survivors do not resort to violence but instead seek justice through legal and civil channels—such as victims of Catholic Church abuse who filed lawsuits and won.
The question remains: where were all these family members back then? Why are they speaking out now? Could it be about the Menendez estate, which was worth over $14 million at the time of the murders? Under California’s Slayer Rule, Lyle and Erik cannot inherit anything from their parents’ estate. So who is paying the attorneys? Who’s covering travel and lodging for out-of-state relatives?
What Does “Rehabilitated” Mean?
Attorney Mark Geragos and the brothers’ supporters argue they’ve been rehabilitated. But how can anyone guarantee a person won't reoffend?
Consider David Brinson.
Like the Menendez brothers, Brinson was a young adult when he executed four men—shooting them each in the back of the head. In 1994, he received four consecutive life sentences without parole.
In 2024, while incarcerated at Mule Creek State Prison, Brinson was approved for conjugal visits. Despite having four prior serious violations, prison staff judged him to be “rehabilitated.”
On November 13, 2024, during a conjugal visit, he murdered his wife, Stephanie Dowells Brinson, by strangulation.
Similarly, in July 2024, Anthony Curry—another life-sentenced inmate at Mule Creek—killed his wife Tania Thomas during a conjugal visit. Curry had previously attempted murder and carjacking convictions.
In both cases, the prison system had deemed these men rehabilitated. Both murdered again.
Now, families of these victims are calling on the state to ban conjugal visits for violent offenders.
Both Menendez brothers have also married while in prison. Lyle is on his second marriage and, reportedly, now has a girlfriend.
Can Anyone Truly Say They’re Rehabilitated?
The Menendez family claims that DA Hochman has violated Marsy’s Law. But Marsy’s Law supports the rights of victims—not perpetrators. The family currently supporting the brothers is aligned with the perpetrators, not the victims, Jose and Kitty Menendez.
DA Hochman has not violated Marsy’s Law. He held a press conference to present findings after a full case review. It is the judge—not the district attorney—who will decide on resentencing and whether the family will be allowed to speak.
Is This Political?
It was Gascón who made this political during his re-election campaign. Hochman merely did his job. When he reached a different conclusion, the family became upset.
And it was attorney Mark Geragos who made the biggest political move—by asking Governor Gavin Newsom to grant clemency for the brothers.
(Caroline Aguirre is a retired 24-year State of California law enforcement officer, LAPD family member, community activist and Neighborhood Watch captain. Aguirre is a CityWatch contributor.)
