(NewsNation) — The Menendez brothers’ attorney said her clients scored a “huge win” Monday when a California judge ordered the Los Angeles County district attorney to explain why crucial evidence in their case relating to alleged sexual abuse was withheld from the jury.
Los Angeles D.A. Nathan Hochman “talks about ultimate justice, and ultimate justice in this case would be a manslaughter plea,” Alexandra Kazarian said on “Banfield.”
Judge William Ryan ruled that Hochman must provide an explanation within 30 days. Ryan pointed specifically at two pieces of evidence relating to the abuse the brothers allegedly suffered at the hands of their father, Jose.
That information was kept from the jury during the brothers’ second trial.
“The determination that Judge Ryan needs to make is whether there is evidence … that should have gone to the jury that would have changed their verdict?” Kazarian added.
Kazarian also acknowledged that where Hochman is wrong in the case is that the defense attorney, Leslie Abramson, has always argued that the brothers used “imperfect self-defense.”
“Yes, the brothers killed their parents because they thought they were going to be killed,” she said. “But an imperfect self-defense allows the jury to understand they might have been wrong, even though they were wrong in believing that they were going to be killed. They still believed it. And if they believed it, and were wrong, it’s not a complete self-defense. But it does lower the conviction from a murder to a manslaughter.”
If the convictions are thrown out by the judge, each brother will have a separate parole hearing. Both brothers have served 33 years in prison.
Yet, Kazarian questions why Hochman is so passionate about the brothers not being freed.
“I understand wanting the integrity of a conviction to stay in place,” Kazarian said.
“But if it’s not the right conviction, I don’t know why you would argue against evidence of extreme sexual abuse. In this case, Jose Menendez is somebody who skirted justice his entire life … The adults in this situation, surrounding these poor brothers, they knew. And they didn’t do anything.”
