Lyle and Erik Menendez have been serving life sentences without the possibility of parole since 1996 for the 1989 murders of their parents, José and Kitty Menendez. The brothers have consistently claimed that their actions were driven by years of sexual and emotional abuse inflicted by their father. In recent years, renewed attention to their case, partly due to documentaries and new evidence, has sparked discussions about potential resentencing.
Prosecutors’ Advocacy for Resentencing
In October 2024, Los Angeles County Deputy District Attorneys Nancy Theberge and Brock Lunsford submitted a memorandum recommending that the Menendez brothers be resentenced to 50 years to life, which would make them eligible for parole. Their recommendation was based on:
- The brothers’ status as “youthful offenders“ at the time of the crime (Lyle was 21, Erik was 18).
- The significant time already served (over three decades).
- Evidence suggesting they were victims of abuse.
This move aligned with a broader reassessment of the case, reflecting evolving societal understanding of abuse and its psychological impacts.
Allegations of Retaliation and Discrimination
Following their recommendation, both prosecutors allege they faced retaliation from newly elected District Attorney Nathan Hochman and Deputy District Attorney John Lewin. On February 3, 2025, Theberge and Lunsford filed notices of claim indicating their intent to sue for:
- Retaliation – They assert that their support for the resentencing led to punitive actions against them.
- Discrimination – Theberge, 56, claims she was discriminated against based on age and gender.
- Defamation – Both prosecutors allege that Lewin publicly defamed them, including making derogatory comparisons and questioning their integrity.
Specific actions cited in their claims include:
- Theberge being reassigned from overseeing the resentencing unit to a lower-ranking position in the public defender’s office, despite receiving an outstanding performance review prior to the recommendation.
- Lunsford being stripped of all supervisory responsibilities and reassigned as a calendar deputy in the Norwalk Courthouse, a role he had held years earlier with limited opportunities for advancement.
Their attorney stated that these actions have derailed their careers and were politically motivated.
Current Status and Implications
The allegations come amid ongoing debates about the Menendez brothers’ potential resentencing. A hearing is scheduled for March 20-21, 2025, to assess their eligibility for parole. Theberge and Lunsford’s claims highlight internal conflicts within the Los Angeles County District Attorney’s Office regarding high-profile cases and raise concerns about potential politicization affecting prosecutorial decisions.
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