DA asks court to withdraw resentencing motion for Menendez brothers

March 11 (UPI) -- Los Angeles County District Attorney Nathan Hochman has asked the court to withdraw his predecessor's motion for resentencing for Lyle and Erik Menendez on the grounds that they have not shown they have taken responsibility for their actions.

Hochman announced the development in a press conference Monday, stating that the Menendez brothers "shouldn't get out of jail."

The resentencing hearing is scheduled for March 20 and 21 in Van Nuys. Hochman said they will proceed with the hearings.

"However, we are asking the court to withdraw the previous district attorney motion for resentencing because we believe there are legitimate reasons and the interests in justice justifies that withdrawal," he said.

In late October, then-Los Angeles County District Attorney George Gascon had asked the court to resentence the brothers, stating they had paid their debt to society and should be eligible for immediate parole.

Known as the Menendez brothers, the two men have spent 34 years behind bars for the 1989 murders of their parents, Jose and Kitty Menendez. Erik and Lyle were 18 and 21 years old at the time.

They were sentenced to two consecutive life terms in their second trial, after their first ended in mistrials.

In arguing against resentencing, Hochman states in the court document that the Menendez brothers have not exhibited "complete insight" and accepted "full responsibility" for killing their parents and "the lies and suborning and attempted subornation of perjury that they told before and during trial."

Hochman states that among the "vast number of lies" they have told in defense of their actions is their claim that they killed their parents in self-defense.

"The People want to make clear that its request to withdraw its resentencing motion is based on the current state of the record and that the Menendez brothers' current and continual failure to show full insight and accept full responsibility for their murders," Hochman wrote in the Monday filing.

"If they were to finally come forward and unequivocally and sincerely admit and completely accept responsibility for their lies of self-defense and attempted suborning and suborning of perjury they engaged in ... the the Cpurt should in the future weigh such new insights into the analysis of rehabilitation and resentencing -- as will the People."

The district attorney said his decision comes after reviewing tens of thousands of pages of trial transcripts, thousands of pages of prison records and hundreds of hours of videotaped trial testimony as well as interviewing victim family members, defense counsel and others.

The brothers are also seeking release from prison by asking the courts for a new trial based on evidence that was not previously available. Hochman has also opposed that route to release, stating the new evidence does not warrant a new trial.

They have also asked California Gov. Gavin Newsom for clemency.

The Democratic governor late last month directed the Board of Parole Hearings to conduct a risk assessment investigation as part of their application.

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