Los Angeles County District Attorney Nathan Hochman says a judge used his office’s reports to decide that the Menendez brothers should be resentenced, but the DA's office maintains they are not ready for release — based on those same facts.

Attorneys for Erik and Lyle Menendez Friday withdrew their motion asking that the Los Angeles County District Attorney's Office be removed from the brothers' case, saying they want to expeditiously move forward with their bid to have the pair re-sentenced and possibly be released from prison.

Los Angeles District Attorney Nathan Hochman said in a opposition filing Friday that the Menendez family's April 25 motion for him to recuse his office from the imprisoned brothers' resentencing process is "devoid of merit" and "desperate.

Mark Geragos, the attorney representing Lyle and Erik Menendez, took aim at DA Nathan Hochman, who he said was spreading misinformation.