Two prosecutors alleged Monday that they faced retaliation from new “tough on crime” D.A. Nathan Hochman because they supported sentence reductions for Lyle and Erik Menendez.
The prosecutors, Nancy Theberge and Brock Lunsford, drafted the 57-page petition last October arguing that the brothers had been rehabilitated. They also appeared at the Oct. 24 press conference, pictured above, where then-D.A. George Gascón announced he would ask a court to resentence the brothers, who are currently serving life without parole for the 1989 murders of their parents.
Less than two weeks later, Hochman defeated Gascón in the election. Soon after Hochman took office in December, Theberge was transferred against her will to the office of the Alternate Public Defender, while Lunsford was demoted to calendar duty in Norwalk.
In claim notices filed Monday, the prosecutors allege that their careers and reputations have been harmed by the wrongful transfers. Each is seeking at least $5.25 million in damages through the claims, which typically precede the filing of a lawsuit.
The D.A.’s office declined to comment.
The Menendez case remains in limbo. A resentencing hearing was initially scheduled for last week, but was postponed to March 20 due to disruptions caused by the L.A. fires. Hochman — who was sharply critical of Gascón during the campaign — has not said whether he will continue to support the resentencing request.
Relatives and supporters of the brothers have argued they were victims of child sexual abuse and that they should be freed from prison. The release of the Netflix series “Monsters,” based on the brothers’ lives and trial, put a greater spotlight on the decades-old case last September, prompting Gascón to petition the court in his final days in office.
If the request were approved, the brothers would be resentenced to 50 years to life, which would make them immediately eligible for parole. They would then have to persuade a parole board that they should be released.
The Menendez family expressed “deep gratitude” to Theberge and Lunsford in a statement on Monday.
“The decision to remove these dedicated prosecutors from the case, however, underscored exactly what we feared, that political influences might overshadow justice,” the family said. “D.A. Hochman campaigned on a promise to remove politics from prosecutorial decisions and to carefully weigh the nuances and facts of each case under his review. We continue to hold on to hope that he will honor this commitment as he considers his recommendation for Erik and Lyle’s resentencing.”
Lunsford and Theberge also alleged that they were demoted because they openly supported Gascón. The claims argue they should not face career repercussions for their political views and their interpretation of resentencing law, which they believe requires the brothers to be resentenced.
During his four-year tenure, Gascón faced numerous similar allegations from prosecutors who claimed they were transferred because they disagreed with his policies.
