Menendez Brothers Judge Should Consider 'All Evidence' Including Alleged Sexual Abuse and 'Rehabilitation' Efforts in Prison for Resentencing Case, D.A. Claims

Los Angeles County District Attorney Nathan Hochman said the judge presiding over Erik and Lyle Menendez's resentencing case should consider "all evidence," both from their past prior to the crimes and their behavior behind bars since their sentencing.

In a recent interview, it was pointed out that California law allows a judge to consider "psychological, physical or childhood trauma, including but not limited to abuse, neglect, exploitation or sexual violence."

"He should also consider rehabilitation evidence. He should consider all evidence that weighs on the issue of resentencing," Hochman told a news outlet in a sit-down published on Monday, February 24. "But this is a different calculation than dealing with a new trial."

"And again, to the extent that we'll be focused — not just on the trial evidence but all of this additional evidence in the resentencing motion — that is what will make up our position in the case," he continued. "By the way, ultimately, the judge makes the final call. So regardless of what the D.A. says or the defense says, it's the judge's call. And if he were to create a sentence that allows life with the possibility of parole, then it's the parole board's decision."

Hochman further noted there are several steps to this process. If the judge rules the brothers should be resentenced to allow parole, the case would go to the parole board. If they decide to grant both brothers parole, then their release would ultimately be up to Governor Gavin Newsom to either affirm or reverse that decision.

When the D.A. was asked if he believed the Menendez's crime made them irredeemable, he said that while the murders are a focus, they will be looking at much more than that.

"That includes what they've done in prison, that includes their exhibition of insights in their crime and understanding and fully accepting responsibility for all their actions ... It includes their background before they even committed the crime," he added, seemingly referring to their childhood and their allegations of sexual abuse they claim they suffered at the hands of their father.

"That becomes all the data points that the judge is going to consider in deciding whether or not to grant a resentencing motion," he said.

As OK! previously reported, Erik and Lyle were found guilty of the 1989 murders of their parents, Jose and Kitty, in 1996, and were subsequently sentenced to life in prison without the possibility of parole.

The Menendez brothers — who were 18 years old and 21 years old respectively at the time of the killing — said they committed the crime because they'd been subjected to years of physical, emotional and sexual abuse.

Earlier this month, D.A. Hochman announced he opposed the petition to entirely vacate their guilty conviction, suggesting new evidence "could be part of a continuum of lies."

TMZ reported the interview with the L.A. district attorney.