Two Los Angeles County prosecutors who supported the controversial resentencing of the Menendez brothers find their careers at a crossroads.

According to People, prosecutors Nancy Theberge and Brock Lunsford filed notices of claim against District Attorney Nathan Hochman and others, alleging retaliation and discrimination after recommending reduced sentences for Lyle and Erik Menendez.

The legal action stems from a memorandum written by Theberge and Lunsford in October, proposing to reduce the Menendez brothers' sentences to 50 years to life.

This recommendation would have made the brothers immediately eligible for parole consideration as youthful offenders. The decision to support the resentencing has apparently led to significant professional consequences for both prosecutors.

Career derailment follows support for Menendez case review

Attorney Justin Shegerian, representing both prosecutors, revealed the political nature underlying their clients' situation. Theberge, who previously led the district attorney's resentencing unit, and Lunsford, who served as Assistant Head Deputy of Post-Conviction and Litigation, faced immediate professional consequences. Their attorney explained that both prosecutors believed they were legally obligated to advocate for the Menendez brothers' resentencing based on their interpretation of the law.

The impact on their careers has been substantial and swift. Lunsford, a 25-year veteran prosecutor, lost all supervisory responsibilities and was reassigned to a lower-level position as a calendar deputy. Similarly, Theberge was transferred to the alternate public defender's office, a move characterized as placing her at the bottom of the organizational hierarchy.

These career changes occurred within weeks of the new administration taking office. The timing has led both prosecutors to believe the actions were direct retaliation for their stance on the Menendez case. Despite maintaining their employment, both prosecutors contend their career trajectories have been severely impacted.

Netflix series sparks renewed interest in decades-old case

Cultural shifts and media attention have contributed to a reassessment of the Menendez case. The Netflix drama "Monsters: The Lyle and Erik Menendez Story" and a subsequent documentary have sparked renewed public interest. Modern understanding of trauma and its effects on abuse survivors has led many to view the case through a different lens.

The Menendez brothers' case dates back to August 20, 1989, when they fatally shot their parents in their Beverly Hills home. At the time of the murders, Lyle was 21, and Erik was 18. The brothers claimed the killings were prompted by years of sexual abuse by their father, Jose, which they alleged their mother, Kitty, ignored.

Prosecutors at the time painted a different picture, arguing that greed motivated the brothers, pointing to their extravagant spending after their parents' deaths. The case resulted in their conviction for first-degree murder in 1996, following an initial trial that ended in deadlock three years earlier.

New evidence emerges in long-running legal battle

Recent developments have added complexity to the case. Attorneys for the brothers filed a petition with the Los Angeles Superior Court in May 2023, citing new evidence. This includes sexual abuse allegations against Jose Menendez by former Menudo band member Roy Rosselló and a newly discovered letter from Erik to his cousin describing alleged abuse.

The Justice for Erik and Lyle Coalition shared their perspective on the situation. As Shegerian explained:

This case really comes down to the ongoing politicization of the Erik and Lyle Menendez case. They've been incarcerated for approximately the past 35 years, and recently the public reassessed the justice of their sentences. And here our clients dedicated their careers to serving the public and the justice system, and they were just trying to follow the law, and they interpreted the law to say that the Menendez brothers should be re-sentenced based on a variety of factors that the law provides.

Prosecutors claim discrimination extends beyond case

The claims filed extend beyond retaliation related to the Menendez case. Theberge, 56, alleges age and gender discrimination, as well as targeting due to perceived political ties to former District Attorney George Gascón. Deputy District Attorney John Lewin, an ally of current DA Hochman, is accused of publicly defaming both prosecutors and attacking their credibility.

The district attorney's office has not responded to requests for comment on these allegations. The situation highlights the complex intersection of legal interpretation, political transitions, and professional consequences within the justice system. A resentencing hearing for the Menendez brothers is scheduled for March 20.

Legal and political repercussions unfold

Nancy Theberge and Brock Lunsford, seasoned Los Angeles County prosecutors, face professional challenges after recommending reduced sentences for Lyle and Erik Menendez. Their decision, based on legal interpretation and changing societal views on abuse survivors, led to alleged retaliation from newly-elected District Attorney Nathan Hochman's administration.

The case continues to evolve as both prosecutors pursue legal action against Hochman, Los Angeles County, the District Attorney's Office, and Deputy District Attorney John Lewin. Their claims encompass retaliation, discrimination, and defamation, marking another chapter in the complex narrative surrounding the Menendez brothers' case.

Why This Story Matters

This incident underscores the intersecting lines of legal duty, personal career trajectories, and political climates within the justice system. The claim by Theberge and Lunsford brings to light potential conflicts between prosecutorial discretion and administrative politics. Its resolution might set a precedent for how similar cases are handled in the future, reflecting on the justice system's ability to remain insulated from political pressures while adhering to the principles of law and equity.

Conclusion:

The case of Theberge and Lunsford raises significant questions about the influence of political dynamics on prosecutorial decisions and the personal and professional risks legal professionals might face in their line of duty. As the community watches the developments unfold, the outcomes may well have a lasting impact on the integrity and operation of prosecutorial discretion in Los Angeles and beyond.