California Attorney General Rob Bonta is opposing Erik and Lyle Menendez’s defense team’s motion to disqualify the Los Angeles District Attorney’s office from their resentencing case.
The brothers’ attorneys have argued that the DA’s office has shown bias against them and violated Marsy’s Law against their family.
In a 22-page opposition submitted this week, the AG’s office argued that the Menendez defense attorneys have not provided evidence that meets the “stringent standards” required for an office-wide recusal of the DA, saying each allegation lacked any merit.
“First, the transfer of two members of his Office who previously supported resentencing is not sufficient to establish a disabling, office-wide conflict of interest. Second, even if Ms. Cady’s prior representation of Kitty Menendez’s brother could present a potential conflict, the District Attorney’s Office has walled her off from this matter,” the document stated.
“As such, defendants have failed to identify a disqualifying conflict that demonstrates a reasonable possibility that the assigned prosecutors may not exercise discretionary functions in an evenhanded manner, nor have they established that any alleged conflict is so grave as to render it more likely than not they will not receive unfair treatment if the case continues to be handled by the Los Angeles County District Attorney’s Office,” – California Attorney General’s Office
Last week, the DA’s office filed it’s own opposition, calling the move a “drastic and desperate step.”
If the judge decides to resentence the Menendez brothers, it will then be up to the state parole board to consider their release.
A hearing is scheduled for Friday, where Los Angeles County Superior Court Judge Michael Jesic will preside.
They are already scheduled to appear before the board on June 13 as part of a comprehensive risk assessment report ordered by California Governor Gavin Newsom, who is considering the brothers’ clemency request – a separate potential path out of prison.
Fox News Digital’s Audrey Conklin and Adam Sabes contributed to this report.
Stepheny Price is a writer for Fox News Digital and Fox Business. She covers topics including missing persons, homicides, national crime cases, illegal immigration, and more. Story tips and ideas can be sent to stepheny.price@fox.com
