The Los Angeles district attorney who will preside over the fate of the Menendez brothers warned his supporters. Kim Kardashian— they may not understand the facts and law of the case.

The murder of the brothers’ parents, Jose and Kitty Menendez, in swanky Beverly Hills in 1989 sent the nation into a tizzy once again following its release on Netflix. monstersIn September, he released Ryan Murphy’s dramatized version of the story and a companion documentary in which the brothers talk from behind bars.

Nathan Hochman told The Daily Beast that he had not watched the two Netflix shows, which led to calls for the release of Erik and Lyle Menendez, but feared people might be misinformed by them and misleading news would be published. case. He said he was determined to “do this right.”

“I deliberately didn’t want to see (them) because what’s the point?” Hochman said this in an interview with The Daily Beast. “I’m not going to watch the movie. “I prefer to read the book.”

“I have some vague memories of the case 30 years ago, and that’s one more reason why I feel compelled to… dig deeper into the facts,” he continued, “because, you know, newspaper accounts are often wildly inaccurate about what happened. The facts of a case are “It looks like.”

Hochman also warned against trusting the legal opinions of celebrities like Kardashian. visited The Menendez brothers are in prison, along with actor Cooper Koch (who plays Erik on the Netflix series). Kardashian later wrote: article He advocates for the release of the brothers.

Hochman, 60, will be sworn in as Los Angeles District Attorney on Dec. 2 after defeating incumbent George Gascón in a game. landslide this month’s election.

The independent-turned-Republican who served as a tough-on-crime prosecutor will immediately confront what to do with the brothers who shot their parents in their family home in August 1989. They were convicted together after separate trials. He was sentenced to life in prison without parole for murder and conspiracy.

One of Gascón’s last acts in office was: Ask the judge to re-sentence the brothers up to 50 years with the possibility of parole, which would make them eligible for immediate release. But he admitted his own office was divided on whether the brothers deserved to be released. judge in the case Set the date December 11It puts it at the top of Hochman’s agenda.

However, the new prosecutor signaled that he may change course, making the future of the Menendez brothers much more complicated.

“This (case) is a high priority,” Hochman said. “When a particular case attracts this level of attention, it becomes even more important to handle it correctly.”

Pundits, celebrities and Netflix fans seemed convinced that the brothers would be released in time for Thanksgiving with their spouses and families. Last month, Murphy, producer of the Netflix show and Rosie O’Donnell make friends the siblings all anticipated the siblings would be home for the holidays or “within 30 days.”

But Hochman says the case is complex and the path to freedom is unpredictable.

Indeed, the brothers, now 56 and 53, will need a Christmas miracle to spend the holidays as free men; But there are three different paths to freedom before them; two of them go through California’s politically ambitious Democratic Governor. Gavin Newsom.

The first way includes: habeas corpus Petition filed by the brothers’ lawyers in May 2023. The brothers claim they killed their parents in self-defense after years of sexual and psychological torture, but most of the witnesses and evidence to that effect were ignored by the judge at their joint trial. don’t try, they deserve a new one. While his lawyers insist that a letter sent to his cousins ​​in 1988 proves there was fear for the children’s lives, another allegation of sexual harassment against Jose Menendez by a former member of the boy band Menudo corroborates those allegations.

Los Angeles Superior Court judge William Ryan will hold a hearing on November 26 to consider this petition. He may make a decision but is more likely to request another hearing to weigh the evidence. A new trial would require substantially new evidence that would change the course of justice in the case, which is a high bar.

The second way is for the brothers to become offended. Gascón recommended in October that their sentences be reduced to 50 years with the possibility of parole; This would make them eligible for immediate release if the judge agrees and the California parole board agrees. Gascón argues that the brothers served as model prisoners for 34 years, that they no longer pose a threat to society, and that their age at the time of the crimes (and accumulated trauma) should be considered mitigating circumstances.

A resentencing hearing is scheduled for December 11, and the brothers’ attorneys plan to bring At least six witnesses from the Department of Corrections testified regarding his rehabilitation.

Some Including 24 family members The brothers’ spouses and elderly relatives of both Jose and Kitty Menendez support the resentencing and release. There is only one family member, Kitty’s brother, Milton Anderson. strongly opposes their freedom.

If Los Angeles Superior Court Judge Michael Jesic agrees to resentencing, a parole hearing will be held. California’s parole board is appointed by Governor Newsom, and its recommendations are subject to his approval. Newsom could grant or deny parole or seek further review.

The third path involves the brothers petitioning Newsom for clemency. Some observers believe the governor is unlikely to agree to this request due to his future political ambitions; Conservative or independent voters may not be happy with the tolerance in this case.

Other insiders note that there is no deadline for Newsom to respond, that he cannot seek re-election as governor when his current term ends and can still choose to act compassionately at any time.

“What matters is the facts. What matters is justice and fairness,” Newsom said. in question about the case. “We don’t treat them worse because they’re famous, we certainly don’t treat them better because they’re famous.”

Hochman, a native of Beverly Hills, grew up less than a mile from the leafy street where Lyle and Erik, then 21 and 18, shot and killed their parents.

Hochman, a young Ivy League and Stanford-educated prosecutor in the U.S. Attorney’s Office, watched in the courtroom across from his desk in downtown Los Angeles as his brother’s first trial reached a deadlock.

Hochman says he hasn’t kept up with the case since their 1996 convictions for murder and conspiracy. But once in office, Hochman vowed to work “extremely quickly” and “open-mindedly” to review the secret Menendez files and “not try to delay for delay’s sake.”

Meanwhile buses and dazzlers Menendez flocks to the murder scene every day; Many visitors say they know the facts after watching Netflix shows. Many stubbornly believe their own dramatized version of events: The brothers were sexually and physically abused by their parents and deserved to be released after 34 years behind bars.

Hochman says the Menendez case is “a perfect example of people jumping to conclusions based on a very limited review of the facts and with virtually no knowledge of much of the law.”

He plans to approach his review with an appreciation for both sides of the case as a former prosecutor and former criminal defense attorney.

“You want to do this right,” he said.

Editor’s note: Ben Sherwood has been following the Menendez story since he started working at ABC News in 1989 and was assigned to cover the saga with an award-winning team. PrimeTime Live.