On Friday, Los Angeles County Superior Court Judge Michael Jesic denied District Attorney Nathan Hochman’s third attempt to withdraw a resentencing request originally filed by the prior administration. Hochman took the unusual step of appearing in court alongside his brother and three deputy district attorneys, choosing to personally argue the motion, which had already been denied following a hearing in April. The latest denial clears the way for a resentencing hearing to proceed on Tuesday.
Friday’s hearing had also been scheduled to consider a motion to recuse the District Attorney’s Office from the case. However, defense attorney Mark Geragos withdrew the motion at the start of proceedings — though not without controversy. Geragos informed the court that Bryan Freedman, an attorney representing the Menendez family, had recently uncovered that Hochman allegedly spent more than $200,000 on a crisis management firm to run a social media campaign “defaming and disparaging” the Menendez family. [Geragos is the co-owner of Engine Vision Media, the parent company of Los Angeles magazine.]
Geragos also cited documents showing that both Hochman and his father previously represented Jose Menendez’s business partner in a tax dispute involving a transaction that occurred two months after Jose Menendez was killed. Geragos argued that the relationship may explain what he described as Hochman’s animosity toward the Menendez brothers and his efforts to rehabilitate Jose Menendez’s image.
Anamaria Baralt, center, a cousin of Erik and Lyle Menendez, arrives to court Friday, May 9, 2025, in Los Angeles.Jae C. Hong via AP Photos
Geragos said the defense chose to withdraw the motion due to the late discovery of the new information and a desire to avoid further delays in the resentencing process.
Following additional arguments from Hochman, Judge Jesic reaffirmed his earlier position and denied the motion to withdraw. After reviewing a Compliance Risk Assessment report, Judge Jesic concluded that it contained no new information that would prevent the court from considering resentencing.
Initially, Hochman argued that Erik and Lyle Menendez had not taken full responsibility for their crimes, alleging they failed to admit to “lies” told during their trials. He has since shifted focus, now asserting that the brothers violated prison rules by possessing cellphones — a point their attorney, Mark Geragos, contends was known to former District Attorney George Gascón through his deputies Brock Lunsford and Nancy Theberge. Both deputies are now suing Hochman.
Judge Jesic announced he has reserved both Tuesday and Wednesday of next week for the hearing, which has drawn international interest from both the media and the public.
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