Prosecutors claim retaliation by new LA DA over Menendez brothers support

Two Los Angeles County prosecutors who advocated for the Menendez brothers' release from prison claim they were retaliated against by Los Angeles County's new District Attorney Nathan Hochman, according to letters obtained by the BBC.

The two prosecutors filed notices indicating their intent to sue over allegations of retaliation, defamation and discrimination.

The filings come just weeks before a crucial court hearing where the fate of Erik and Lyle Menendez is set to be decided - about 30 years after they were sentenced to life in prison for killing their parents.

The district attorney's office has not yet responded to the filing. Mr Hochman has not yet publicly stated whether he will back the brothers being resentenced - a position that could lead to their paroled release.

Brock Lunsford, the former head of the district attorney's resentencing unit, and Nancy Theberge filed notices of claim on Monday, indicating they intend to sue Mr Hochman and Deputy District Attorney John Lewin.

Mr Lunsford and Ms Theberge say they presented an argument last October advocating for the Menendez brothers to be resentenced for the 1989 murders of their parents, Jose and Kitty Menendez, on the grounds that their continued imprisonment no longer served justice.

Then-District Attorney George Gascón agreed with their argument and days before he faced a tough re-election - which he ended up losing - he announced he would back the brothers being resentenced and later, support them being released on parole.

Mr Hochman won the election and has yet to say whether he will back the work of his predecessor - but said he would review the case in detail. The case is set to be heard before a judge on 20 March.

The infamous case dates back to 1989 when Lyle, 21, and Erik, 18, fatally shot their parents, Jose and Kitty Menendez, in their Beverly Hills mansion.

During their initial trial, the defence claimed the brothers acted in self-defence after enduring years of sexual abuse by their father. Prosecutors, however, argued that their motive was financial gain.

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The first trial, which featured separate juries for each brother, ended in mistrials. In 1996, a second trial excluded much of the evidence related to abuse claims and both brothers were convicted and sentenced to two consecutive life terms without the possibility of parole.

The case has resurfaced in public interest following several docuseries and their attorneys filing a habeas corpus petition citing new allegations of sexual abuse by the brothers' father, Jose Menendez.

Ms Theberge and Mr Lunsford's memo backing a resentencing effort prompted a divide in the district attorney's office. According to the notice of claim reviewed by the BBC, some senior prosecutors in the office disagreed with the decision, including Lunsford and Theberge's supervisor.

Mr Lunsford, a district attorney's office employee since 2000, alleges that after Hochman's victory to lead the office, he was reassigned to an undesirable role as a "calendar deputy" at a courthouse.

Mr Lunsford also claims he was called incompetent and labelled "quisling" by a superior before being stripped of his supervisory role.

Ms Theberge, meanwhile, was transferred to a lower-ranking position in the public defender's office, despite receiving an "outstanding performance review" just one day before Gascón's resentencing petition was filed.

The duo's attorney, Justin Shegerian, called the alleged retaliation "politically motivated, illegal, and devastating," in a statement to the BBC.

While Mr Hochman has said he is taking time to review the Menendez brothers' case, the ultimate decision will rest with a judge who can either accept or deny the recommendation on resentencing.