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Menendez Brothers Case: Prosecutors Say They Were Punished for Supporting Resentencing

Two prosecutors in Los Angeles County claim they faced punishment after pushing for the Menendez brothers to be resentenced, according to legal notices.

The prosecutors, Brock Lunsford and Nancy Theberge, say they were demoted or reassigned as retaliation after they supported reducing the sentences of Erik and Lyle Menendez, who have been in prison for over 30 years for killing their parents. They have filed notices stating their intent to sue District Attorney Nathan Hochman and Deputy District Attorney John Lewin for alleged retaliation, defamation, and discrimination.

These claims come just weeks before a key court hearing on March 20, where a judge will decide if the Menendez brothers should be resentenced—a decision that could potentially lead to their release on parole.

Why Were the Prosecutors Punished?

Lunsford and Theberge argued last October that the Menendez brothers’ life sentences no longer served justice. They presented their case to then-District Attorney George Gascón, who agreed and publicly supported resentencing them. However, Gascón lost re-election shortly after, and his replacement, Nathan Hochman, has not yet taken a stance on the case.

According to the prosecutors, some senior officials in the district attorney’s office strongly opposed their position, and after Hochman took office, both of them faced career setbacks.

  • Lunsford, who had worked in the office since 2000, was reassigned to a lower-level role as a "calendar deputy" in court. He also claims he was insulted and stripped of his supervisory duties.

  • Theberge was transferred to a lower-ranking position in the public defender’s office, despite receiving a positive performance review just before Gascón's announcement.

Their attorney, Justin Shegerian, called these actions “politically motivated, illegal, and devastating.”

A Case That Has Divided Opinions for Decades

The Menendez brothers were convicted in 1996 for the 1989 murders of their wealthy parents, José and Kitty Menendez, in their Beverly Hills home.

Their first trial ended in a mistrial, as their defense claimed they acted in self-defense after years of sexual abuse by their father. However, in their second trial, much of the evidence about the alleged abuse was not allowed, and both were sentenced to life in prison without parole.

Recently, public interest in the case has grown due to docuseries and new allegations that support the brothers' claims of abuse. Their lawyers have filed a petition asking for their convictions to be reconsidered based on this new evidence.

What Happens Next?

Hochman has said he is still reviewing the case. However, in the end, it will be up to the judge to decide whether to accept or reject the request for resentencing. If resentenced, the Menendez brothers could be eligible for parole, potentially leading to their release.

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