The California Attorney General’s Office, hearing of the case of Eric and Lyle Menendez, urged the judge to reject the defense’s request.
Among the opponents filed this week, the AG’s office said Menendez’s attorney failed to present evidence that meets “strict standards” due to the DA’s office-wide denial, and dismissed each defense claim because it violated the demonstrated bias or conflict of interest.
“As a result, the defendant has failed to identify disqualification disputes demonstrating a reasonable possibility that the assigned prosecutor may not exercise equal discretionary functions, and has not established that if the case is not receiving unfair treatment, he or she continues to take office in the Los Angeles County office, he or she is more likely to be unfairly treated.
Last week, the DA’s office submitted its own opposition to the motion for removal, having had many similar arguments, calling the push for defense “hopefully and dramatic.”
“The entire defence debate over Recusal will be summarised in defense that is not satisfied with the current district attorney’s position on responsiveness,” wrote prosecutors Habib Balian, Ethan Milius and Seth Carmack in the submission. “This hopeless argument may work in reporting interviews, but it fails in court based on a hostile system of justice.”
The request to exclude or reject the office came midway through the hearing last month when Menendez’s defense counsel, Mark Jelagos, first linked a series of events that he suspected was an unfair treatment of his brother during a total res trial.
Geragos said Danathan Hochman’s failed attempt to resent the restinsing motion, Hochman’s decision to transfer and remove lawmakers who wrote the motion in favor of Enenceentenceding, and Hochman’s decision to remove Hochman’s decision, and Hochman’s decision to remove the decision to rehire former prosecutors representing the Menendez family, who opposes residentence’s opposition.
LA Superior Court Judge Michael Jessick is scheduled for a hearing on Friday, May 9th to consider the validity of a new risk assessment report explaining his suitability for his brother’s release into society.
Apart from attempts at resting in LA County, Eric and Lyle Menendez are seeking other legal routes to freedom after serving in prison for nearly 30 years for murder of their parents, and are expected to appear before the California parole hearing in June.
An independent risk assessment, in which a group of experts and psychologists examine whether siblings pose a risk to the public, concludes on June 13th, according to Governor Gavin Newsom.
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