Menendez brothers: What George Gascón's election loss means for upcoming resentencing

Outgoing Los Angeles County District Attorney George Gascón pushed hard for the Menendez brothers' resentencing in the final days of his failed re-election campaign.

Nathan Hochman, the former federal prosecutor who will take Gascón's place after a 25-point victory, could now become key to their quest for freedom.

"Before I can make any decision about the Menendez brothers’ case, I will need to become thoroughly familiar with the relevant facts, the evidence and the law," the DA-elect told Fox News Digital.

SUGGESTED: Nathan Hochman wins race for LA County DA, beating incumbent George Gascón

"I will have to review the confidential prison files for each brother, the transcripts from both trials, and speak to the prosecutors, law enforcement, defense counsel, and the victims’ family members. Only then can I make a decision. If for some reason I need additional time, I will ask the court for that time."

The hearing is on Dec. 11, and the new DA takes office on Dec. 2, he said.

His campaign has not committed to freeing the Menendez brothers or keeping them imprisoned.

Joseph Menendez, who goes by his middle name Lyle, and younger brother Erik Menendez have been in California prisons since 1996, serving sentences of life without the possibility of parole for their parents' 1989 slayings.

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The brothers claim they shot their father, former RCA Records executive Jose Menendez, in self-defense, arguing they thought he was going to kill them after they warned him they planned to expose him as a child sex abuser.

They also killed their mother, Mary "Kitty" Menendez, who was sitting next to Jose eating ice cream in their Beverly Hills living room when they opened fire.

"The 24 family members I represent are both victims and the family of those that have been sentenced. They should no longer have to suffer. It's time Erik and Lyle Menendez are released. For theirs and their family's sake. These men have served their time and proven themselves to be exemplary citizens during their incarceration despite no hope of release.  It’s time they and the family are allowed to heal," Bryan Freedman, attorney for the Menendez relatives, told Fox News Digital.

"Childhood sexual abuse is not gender based, and a failure to recognize that sets an extremely dangerous precedent. Politics should not stand in the way of doing the right thing. I would find it hard to believe Nathan Hochman would feel differently. The family of the victims and my firm will continue to exercise their victims rights and are cautiously optimistic that the DA, the DA elect, the Governor, and anyone committed to upholding true justice will join us," Freedman added.

SUGGESTED: Menendez brothers resentencing: What happens next?

Hochman could continue where Gascón left off and seek the resentencing, ask the judge to withdraw the prior administration's resentencing request, or file additional briefs to give the judge more material to work with as the court considers the matter.

"As a candidate, Nathan has been clear that he will approach every case with the diligence and integrity that every victim and defendant deserves," campaign spokesman Stuart Pfeifer told Fox News Digital. "That includes thoroughly reviewing the facts and the law before making any findings."

Without being in office, Hochman doesn't have access to all of the case files.

"Nathan understands how important this case is for many Angelenos, and as district attorney he will absolutely give it the attention that it deserves and ensure justice and fairness is exercised," Pfeifer said.

Under a new California law that gives district attorneys in the state the power to recommend new sentences in old, settled cases, Gascón urged a Los Angeles judge just days before the election to consider reducing the brothers' sentences of life imprisonment without the possibility of parole to 50 years to life in prison.  

Due to other California laws, the reduction would make them immediately eligible for parole hearings, even though they'd need to spend another 20 years behind bars to reach 50 for the shotgun murders of their parents.

Gascón, after explaining to reporters the process would go through multiple layers of review, from the judge to the parole board and ultimately to Gov. Gavin Newsom, days later asked the governor to skip all of those steps and immediately grant clemency to the brothers.

Whatever happens, Newsom has final say over the parole board and their clemency request.

A separate habeas corpus petition is also making its way through the court, which would be an additional path to freedom if successful.

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