Menendez brothers' family files complaint against DA as resentencing hearing nears

LOS ANGELES (KABC) -- For Lyle and Erik Menendez, it's hard to imagine a hearing more important to them in the past 30 years than the one later this week. It will determine if the two brothers have a chance at a new sentence and possibly freedom.

"This resentencing is probably their best chance," legal analyst Josh Ritter said. "It was a better chance a few months ago. Now with the current DA administration with Nathan Hochman not being favorable to it, obviously their chances are not as good as they once were."

Ritter says a contested resentencing hearing is rare and may be a challenge for the judge. In most resentencing cases, the defense and the District Attorney's Office both make the same argument.

But while previous District Attorney George Gascon requested the move, current DA Nathan Hochman tried to withdraw that request, a motion the judge denied last week.

"The DA's office has been prepared to go forward with the resentencing hearing, although we don't think that resentencing itself should occur," Hochman told Eyewitness News Tuesday.

Hochman reiterated that he feels the brothers lack full insight and responsibility for the brutal shotgun killings of their parents Jose and Kitty Menendez in 1989.

Meanwhile, the Menendez family is accusing the district attorney's office of violating Marsy's Law, which is designed to protect the families of crime victims. They have filed court papers alleging the L.A. County District Attorney's Office needlessly showed a bloody crime scene photo of Jose's body without warning the family members in the courtroom.

The family said the shock of seeing that image led to the hospitalization of Jose's 85-year-old sister.

In the motion released Tuesday, an attorney representing nearly 20 family members wrote that the "entire District Attorney's Office, including District Attorney Nathan Hochman and Assistant Head Deputy District Attorney Habib Balian, owe the victims' family members an apology for their scandalous behavior."

Hochman says his office has apologized to the family for not warning them about the photo and says they don't plan on using any of the gruesome images this week, but he added that it was important to show the court the depravity of the killings.

"We wanted to make the judge understand that it starts with the brutal, mafia-staged hit of both Kitty and Jose Menendez," Hochman explained.

Ritter says even if the judge does resentence the brothers with a chance of parole, they still would have a lengthy legal process ahead of them.

"They are not going to be instantly released," Ritter said. "We could be talking a matter of months or years, but if they are granted parole, there's a realistic possibility that we could be looking at them walking out of prison one day."

The Menendez brothers have three possible paths to freedom. The first is a brand new trial based on so-called new evidence. Legal experts say this is the least likely route to work for them. Next, there's the possibility of a new sentence -- that could be determined by the end of this week. Finally, Gov. Gavin Newsom could grant the brothers clemency.

City News Service Inc. contributed to this report.