(NewsNation) — Los Angeles County District Attorney Nathan Hochman fired back at Mark Geragos, the Menendez brothers‘ attorney, dismissing his criticism and doubling down on his rejection of new evidence in the case.
“These new pieces of evidence add nothing to the self-defense argument. They are only additional information,” Hochman said Monday during an exclusive appearance on “Banfield.” “To meet the rigorous standards to get a new trial, this evidence doesn’t come close.”
What is the new evidence in the Menendez brothers’ case?
Hochman told reporters the evidence featured in the brothers’ habeas corpus petition had been made public for years prior. Their lawyers filed the petition in May of 2023, asking a judge to consider evidence suggesting they were sexually abused by their father.
Last week, Geragos accused Hochman of rehashing outdated prosecutorial platitudes: “The ’90s were calling, and they wanted their DA’s office back,” he said.
A hearing about the resentencing was scheduled for January but postponed until March due to the wildfires in the Los Angeles region.
Menendez brothers found guilty of murder in 1989
Lyle and Erik Menendez were found guilty of murdering their parents, Jose and Kitty Menendez, in 1989 and sentenced to life in prison without parole. The brothers have spent nearly 35 years behind bars.
Erik Menendez (C) and his brother Lyle (L) are pictured, on August 12, 1991 in Beverly Hills. They are accused of killing their parents, Jose and Mary Louise Menendez of Beverly Hills, Calif. AFP PHOTO MIKE NELSON (Photo by MIKE NELSON / AFP) (Photo by MIKE NELSON/AFP via Getty Images) 
Erik Menendez (L) and his brother Lyle (R) listen during a pre-trial hearing, on December 29, 1992 in Los Angeles after the two pleaded innocent in the August 1989 shotgun deaths of their wealthy parents, Jose and Mary Louise Menendez of Beverly Hills, Calif. It took 40 months for the Superior Court arraignment after prosecutors and defense attorneys battled over the admissibility of taped confessions the brothers allegedly made to their psychotherapist. (Photo by VINCE BUCCI/AFP via Getty Images) 
FILE – An Oct. 31, 2016, photo provided by the California Department of Corrections and Rehabilitation shows Erik Menendez, left, and a Feb. 22, 2018, photo provided by the California Department of Corrections and Rehabilitation shows Lyle Menendez. (California Department of Corrections and Rehabilitation via AP, File) 
This combination of two booking photos provided by the California Department of Corrections shows Erik Menendez, left, and Lyle Menendez. (California Dept. of Corrections via AP) 
FILE – Lyle, left, and Erik Menendez sit with defense attorney Leslie Abramson, right, in Beverly Hills Municipal Court during a hearing, Nov. 26, 1990. (AP Photo/Nick Ut, File) 
Menendez brothers, Erik, left, and Lyle on the steps of their Beverly Hills home in November, 1989. (Getty Images) 
Erik Menendez, left, and is brother Lyle, in front of their Beverly Hills home. They are prime suspects in their parents murder. (Getty) 
Kitty Menendez’ sister, Joan Andersen VanderMolen, bottom left, and niece Karen VanderMolen, right, sit together during a press conference to announce developments on the case of brothers Erik and Lyle Menendez, Wednesday, Oct. 16, 2024, in Los Angeles. (AP Photo/Damian Dovarganes)
At the brothers’ original trials, their defense attorneys argued that they had been sexually abused by their father. Prosecutors denied that and accused them of killing their parents for money. In the years that followed, they repeatedly appealed their convictions without success.
Since then, the brothers have had the support of most of their extended family, who have said they deserve to be free after decades behind bars. Several family members have said that, in today’s world — which is more aware of the impact of sexual abuse — the brothers would not have been convicted of first-degree murder and sentenced to life.
One piece of evidence — a letter from Erik Menendez to his cousin Andy Cano in 1988 — claimed the brothers’ father, Jose Menendez, was sexually abusing them. Hochman said the letter was featured in a 2015 news report and questioned why the petition came eight years later.
NewsNation’s Sean Noone contributed to this report.