The highly controversial and obsessively followed legal proceedings regarding Lyle and Erik Menendez, the two brothers who famously murdered their parents in 1989, continue to keep LA courts busy. Recently, two prosecutors who wrote an official memorandum recommending the court resentence the Menendez brothers filed their own lawsuits after working on the case.

On February 3, Los Angeles County District Attorneys Nancy Theberge and Brock Lunsford filed a notice of claim against District Attorney Nathan Hochman, the County of Los Angeles, the Los Angeles District Attorney’s Office, and Deputy District Attorney John Lewin. Theberge oversees the district attorney’s resentencing unit, and Lunsford is the Assistant head deputy of the post-conviction and litigation unit in Los Angeles.

The prosecutors allege they were “retaliated” against due to their support for the Menendez brothers' release from prison. In October 2024, the pair asked a judge to reduce the Menendez brothers' sentences. Currently, they are serving life in prison, but the resentencing request asked that the sentences be shortened to 50 years to life, since the brothers were legally “youthful offenders” at the time of the trials, with Lyle Menendez 21 and Erik Menendez 18. This change of sentencing would make both brothers immediately eligible for parole.

Theberge alleges that she was discriminated against due to her age and gender and targeted because of her “perceived political association” with then-L.A. District Attorney George Gascón, who initiated the revisit to the case.

Lunsford, meanwhile, alleges he was retaliated against for sticking up for Theberge. His complaint alleges he was “stripped of all supervisory responsibilities” and then, after serving 25 years in the office, reassigned as a “calendar deputy” in the district attorney’s office in Norwalk. The reassignment is considered a major demotion in the department. The plaintiffs claim Deputy DA Lewin attacked their credibility and publicly defamed them. Lewin could not be reached for comment.

After the demotions and alleged public attacks on the plaintiffs, the Menendez family-led organization Justice for Erik and Lyle Coalition, a group fighting for the Menendez brothers’ release from prison, published a statement in support of Theberge and Lunsford.

"DA Hochman campaigned on a promise to remove politics from prosecutorial decisions and to carefully weigh the nuances and facts of each case under his review," the statement said. "We continue to hold on to hope that he will honor this commitment as he considers his recommendation for Erik and Lyle’s resentencing.”

The Menendez brothers were found guilty of murdering their parents in a second trial in 1996. They were both sentenced to life in prison, but new evidence and millions of fascinated young social media readers led California District Attorney George Gascón to request a revisit of the case.

Gascón shared new evidence in 2024, including a letter that was sent from Erik Menendez to his cousin Andy Cano a few months before the double homicide of the Menendez brothers' parents, Jose and Mary “Kitty” Menendez, in their Beverly Hills home.

After reviewing the new evidence, the district attorney’s office shared the information about the letter and numerous photos of Erik and Lyle Menendez with a caption reading, in part, "Progressive DA Gascón wants their case to be reevaluated,” and that DA Gascón "says it is his moral and ethical obligation to review the Menendez brothers' case. It has been 35 years since their sentencing. It is time to decide whether these men have paid their dues to society. Erik and Lyle Menendez have spent most of their lives behind bars and will continue to unless we can ensure George Gascón can review and restore justice for all." 

The Menendez brothers filed a petition with the Los Angeles County Supreme Court requesting a new trial in 2023. In that petition, their attorneys focused upon a sexual abuse allegation by a member of the famous boy band Menudo against Jose Menendez, the brothers’ father. Roy Rosselló, the Menudo member, alleged he was raped by Jose Menendez in the 1980s.

The resentencing hearing for the Menendez brothers begins on March 20.