Brad Milkey

You said imperfect self-defense. What does that mean? Because this isn't a question of whether or not they killed their parents, right? Like at this point, they have admitted, yes, we committed this very grotesque act, but they're saying it's not murder because it was self-defense. What is the argument they're making here?

Well, and then Matt, like that's about as final of an end as you can have in this legal system. But then after spending decades behind bars, there were these incredible new developments starting in 2023. The brothers filed a petition for review of new evidence that they say wasn't presented at their original trial. This is now a petition to get a new trial.

Well, and then Matt, like that's about as final of an end as you can have in this legal system. But then after spending decades behind bars, there were these incredible new developments starting in 2023. The brothers filed a petition for review of new evidence that they say wasn't presented at their original trial. This is now a petition to get a new trial.

How did that work and what was the new evidence? Well,

How did that work and what was the new evidence? Well,

Which is also important because the family had denied that abuse was happening, but here if you've got evidence that it might have been happening not just with the boys but other people as well, that all of a sudden becomes more plausible, I presume.

Which is also important because the family had denied that abuse was happening, but here if you've got evidence that it might have been happening not just with the boys but other people as well, that all of a sudden becomes more plausible, I presume.

Well, and that's the thing that is like this groundswell also seems to involve, it's a whole new generation of people who are like, yes, childhood sexual trauma is real, is more common than we might've thought and has a greater effect than, than we might've thought on people. So I guess I'm wondering how all that sort of plays into the DA's decision.

Well, and that's the thing that is like this groundswell also seems to involve, it's a whole new generation of people who are like, yes, childhood sexual trauma is real, is more common than we might've thought and has a greater effect than, than we might've thought on people. So I guess I'm wondering how all that sort of plays into the DA's decision.

Wait, okay, so you said it depends on which DA, because that DA that you're talking about, he then loses that election, right? A new DA comes in. What's his opinion on it then?

Wait, okay, so you said it depends on which DA, because that DA that you're talking about, he then loses that election, right? A new DA comes in. What's his opinion on it then?

So then Hockman is kind of signaling how he feels about this case. He's kept his cards close to his vest, but like now he's saying, I don't buy it. The family says, please, please reconsider. Hockman declined to comment on the letter. We're going to take a quick break right here. And when we come back, we're going to hear more about the DA's ruling.

So then Hockman is kind of signaling how he feels about this case. He's kept his cards close to his vest, but like now he's saying, I don't buy it. The family says, please, please reconsider. Hockman declined to comment on the letter. We're going to take a quick break right here. And when we come back, we're going to hear more about the DA's ruling.

All right, we're back with ABC's chief national correspondent, Matt Gutman, who's been following the Menendez case for years. Matt, the family has asked the DA to reconsider his ruling on the resentencing. What happens next?

All right, we're back with ABC's chief national correspondent, Matt Gutman, who's been following the Menendez case for years. Matt, the family has asked the DA to reconsider his ruling on the resentencing. What happens next?

Because it's like, the previous DA has already set the wheels in motion, and so then, like, you don't just want to have DAs, political appointees, like, going back and forth on whether somebody can get out of prison or not.

Because it's like, the previous DA has already set the wheels in motion, and so then, like, you don't just want to have DAs, political appointees, like, going back and forth on whether somebody can get out of prison or not.

Still up to the judge, like you said, but he's basically pulling any support that the DA's office had for this whole thing.

Still up to the judge, like you said, but he's basically pulling any support that the DA's office had for this whole thing.

Well, so, OK, so then there's the D.A. who has a lot of power in this case. There's the judge who theoretically has even more power. Right. He could even deny the D.A. 's request here. Then there's the governor of California. Right. In any case, I know we talk about death row, but can't the governor like commute their sentences if he felt like it?