California AG takes stance on Menendez brothers prosecutor staying on case amid resentencing battle

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

You May Also Like

Trump: Iran ‘Wants a Deal So Badly’ — Warns ‘Hit Us Once, We Hit Twenty-Fold’

Trump Says Iran Is Eager for a Deal, Warns U.S. Would Hit Back Twenty-Fold

President Donald Trump said Iran had “called a little while ago” and…
North Carolina illegal immigrant Jaime Santiago Corona charged with killing girl, 6, after running stop sign

Jaime Santiago Corona Charged After Alleged Stop-Sign Violation Kills 6-Year-Old Girl in North Carolina

A Mexican national who authorities say was in the U.S. illegally and…
Knife-wielding Florida man arrested after setting restaurant on fire with flaming propane tank: authorities

Florida Man With Knife Arrested After Flaming Propane Tank Sparks Restaurant Fire, Authorities Say

A Florida man has been arrested after authorities say he carried a…
The Walt Disney Company celebrates 125 Emmy Award nominations

Disney Scores 125 Emmy Nominations Across TV and Streaming Lineup

LOS ANGELES — The Walt Disney Company is celebrating a major Emmy…
Tyler Robinson preliminary hearing news: Prosecutors to play redacted statements from defendant roommate in Charlie Kirk shooting

Tyler Robinson Hearing Update: Prosecutors to Play Roommate’s Redacted Statements in Charlie Kirk Shooting Case

PROVO, Utah — Utah prosecutors are expected to play audio recordings in…
Chicago lands crown as bedbug capital of the US: report

Report Names Chicago the Bedbug Capital of the U.S.

Well, that’s one unwelcome arrival. Chicago landed at the top of an…
ICE asks Michigan to hold Haitian illegal alien who allegedly 'barbarically stabbed' coworker

ICE Seeks Michigan Detainer for Haitian National Accused of Brutal Coworker Stabbing

The Department of Homeland Security said Wednesday that a Haitian national accused…
Illegal Alien Allegedly Murders Co-Worker, As Collateral Damage From Biden's Border Policies Continues

Undocumented Immigrant Accused of Killing Co-Worker as Biden Border Policies Face Renewed Scrutiny

A deadly workplace stabbing in Michigan has intensified debate over border enforcement…
Ex-Olympic canoeist David Hearn pleads not guilty to vandalizing Lincoln Memorial Reflecting Pool: 'Not a crime to touch water'

Former Olympic Canoeist David Hearn Pleads Not Guilty in Lincoln Memorial Reflecting Pool Vandalism Case

WASHINGTON — David Hearn, a former U.S. Olympic canoeist, pleaded not guilty…
Judge, mom of friend explains why Nolan Wells was left on Horn Island before he turned up dead

Judge and Friend’s Mother Explain Why Nolan Wells Was Left on Horn Island Before His Death

According to a Jackson County judge whose son was among the group,…
Pricey private school with AI teachers expands to Los Angeles

High-Priced Private School With AI Teachers Expands to Los Angeles

A private school charging $65,000 a year is set to open a…
Tyler Robinson preliminary hearing: Judge orders redactions to ex-lover’s video testimony

Judge Orders Redactions to Former Partner’s Video Testimony in Tyler Robinson Preliminary Hearing

PROVO, Utah — A video deposition from Lance Twiggs, the former romantic…