Prosecutors sue LA DA Hochman, allege retaliation over Menendez resentencing memo

Two key deputies have sued Los Angeles County District Attorney Nathan Hochman, claiming he demoted them in response to their report recommending resentencing Erik and Lyle Menendez--and for their association with former District Attorney George Gascon.

The plaintiffs are Nancy Theberge and Brock Lunsford, former high-level staffers in the office's resentencing unit. Theberge is now at the Alternate Public Defender's Office. Lunsford is still in the DA's office, according to his State Bar website.

"In or around October 2024, as part of a post-conviction review process, prosecutors Nancy Theberge and Brock Lunsford, senior members of the Los Angeles County District Attorney's Office, filed a motion seeking the resentencing of Erik and Lyle Menendez," Alex DiBona, an associate with Shegerian & Associates in Los Angeles, wrote in Theberge's complaint.

He continued, "Theberge and Lunsford led the office's Resentencing and Post-Conviction Litigation Units, respectively. They recommended that the brothers' life without parole sentences be recalled and replaced with indeterminate terms of 50 years to life, which would allow for parole consideration. At the time of the 1989 murders of their parents, Erik was 18 and Lyle was 21."

"Our office does not comment on pending litigation or personnel matters," said Hochman spokeswoman Pamela J. Johnson in an email when asked about the lawsuits. Theberge v. County of Los Angeles, 25STCV10136 (L.A. Super. Ct., filed April 7, 2025) and Lunsford v. County of Los Angeles, 25STCV10150 (L.A. Super. Ct., filed April 7, 2025). Lunsford's case has been assigned to Los Angeles County Superior Court Judge Rupert A. Byrdsong. Theberge's complaint is before Judge Steve Cochran. According to comments to the media by their attorneys, each is seeking over $5 million in damages.

According to her complaint, Theberge "made protected complaints, including complaints regarding violations of the Penal Code, the California Labor Code" and California's Fair Employment and Housing Act.

"Theberge became the target of unlawful discrimination on the bases of her age (over the age of 40) and gender (female)," DiBona wrote. "Theberge was also targeted because of her perceived political association with George Gascon, current District Attorney Nathan Hochman's political opponent, and because of her internal and external reports on compliance with Penal Code section 1172.1 by the County of Los Angeles and the Los Angeles District Attorney's office."

Hochman trounced Gascon by a 23% margin in the November election. But he now finds himself dealing with one of the problems his predecessor faced throughout his term: lawsuits and complaints of bias from within his own office. Gascon was hit with dozens of lawsuits claiming retaliation and orders that conflict with the law, filed by prosecutors during his one term in office, many of them loyal to the predecessor he defeated, Jackie Lacey.

The 36-year-old case is shaping up to be an early test of Hochman's resolve to stick with the tough-on-crime approach he promised to voters during the election. On the eve of the election, in October, Gascon recommended the brothers be paroled. Kim Kardashian and other celebrities have also called for their release, citing new evidence allegedly backing up the brothers' claims they killed their parents in self-defense after years of physical and sexual abuse.

In February, Gov. Gavin Newsom ordered the state's Board of Parole Hearings to complete a comprehensive risk assessment to determine if the brothers pose a public risk if released.

But last month, Hochman announced he was opposed to their release unless they admitted their guilt and said they lied about their self-defense claims.

Later this week, Hochman is expected to ask a judge to withdraw Gascon's resentencing request. In a statement released to media on Monday, Hochman said the brothers should ask Newsom to use his "unilateral" power to let them out. He added that the governor's decision would not have to meet the "legal standards" demanded from the DA's office.