Judges for Van Nuis will consider Friday to exclude the entire LA County District Attorney’s Office from future res court hearing after the brothers filed accusing Da Nathan Hochmann’s personnel decision and treatment of his brother’s relatives in court documents.
LA Superior Court Judge Michael Jessick will also address the acceptability of the new risk assessment report on the brothers.
In court documents filed last month, Menendez’s defense attorneys said Da Hochmann’s decision to remove two assistant district attorneys who wrote a motion in favour of cutting down the conditions of the brothers’ prison and supported rehabilitating former prosecutors who once opposed it, as there was an office-wide opposition to the brothers’ efforts.
Defence counsel Mark Jelagos also said that several alleged cases of inappropriate treatment of the brothers’ families amounted to a violation of Mercy’s law allowing victims of crime to participate in the judicial system.
The LA County District Attorney’s Office and the California Attorney General’s Office said Menendez’s complaints didn’t meet the legal threshold for the removal of one prosecutor, not to mention the entire DA’s office, and said Marsy’s law doesn’t apply to the methods presented by the defense.
“The defendant failed to show how Mercy’s legal factors reveal the prejudices of the district attorneys against them,” the Attorney General’s response said.
A protection order was filed last week to prevent the publication of a comprehensive risk assessment report completed by the state amendment officer at Gov. Gavin Newsom’s direction.
The governor said these reports could be shared with the court in view of their restinsing, but Judge Jessick said he wanted to formally address the potential tolerance after Jelagos opposed their use at the April 20 hearing.
Eric and Lyle Menendez live their lives without any conditions of life due to the 1989 murder of their parents Jose and Kitty Menendez.
Aside from any possible responsiveness, they filed habeas corpus to challenge the constitutionality of the punishment and urged the governor to acknowledge his generosity.
NBC4 investigative reporter Eric Leonard breaks developments from the Menendez Brothers case on his podcast, “The Leonard Files.” Subscribe to our NBCLA YouTube channel and follow us.
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