Los Angeles County District Attorney Nathan Hochman announced on Friday that he has requested the court to deny the habeas corpus petition filed by Erik and Lyle Menendez, which seeks a new trial or to have their case dismissed. The brothers, convicted in 1996 of murdering their parents, Jose and Kitty Menendez, allege significant new evidence that was not presented during their original trials.
The petition, submitted in 2023, centers on two key pieces of evidence. The first is a letter written by Erik Menendez to his cousin Andy Cano eight months prior to the murders. In this letter, Erik detailed his father’s alleged abuse, which Cano testified about during the trial. However, the letter surfaced only years later and was never introduced as evidence at either trial.
The second piece of evidence comes from allegations by former Menudo member Roy Rossello, who claimed in 2023 that he was sexually abused by the brothers’ father. Hochman argues that the letter lacks credibility, suggesting that if it had truly existed, it would have been used during the trial to corroborate witness testimony.
“The defense counsel would have absolutely used it at the trial because it would help corroborate the testimony from Cano and Erik Menendez,” Hochman stated at a news conference.
Erik Menendez testified in his second trial about experiencing sexual abuse over a span of years, while also detailing his brother’s similar experiences. However, Hochman emphasized that the jury was not asked to determine the abuse claims but rather if the brothers conspired to kill their parents and whether they acted in self-defense.
The DA’s office argues that Rossello’s claims do not meet the standards for admissibility, as the brothers had no knowledge of his allegations at the time of the crimes.
In response to Hochman’s dismissal of the new evidence, the Justice for Erik and Lyle Coalition, a family-led initiative advocating for the brothers’ release, condemned his remarks. They expressed disappointment, asserting that the DA’s position undermines the impact of trauma and abuse, stating, “To suggest that the years of abuse couldn’t have led to the tragedy in 1989 is not only outrageous, but also dangerous.”
Lyle and Erik Menendez were sentenced to life in prison without the possibility of parole for the shooting of their parents in their Beverly Hills home. The brothers claimed they killed their parents in self-defense due to years of alleged sexual abuse.
In addition to the habeas corpus petition, the brothers are pursuing resentencing, a process which has seen renewed attention. Former DA George Gascón had recommended their life sentences be converted to a term of 50 years to life, which would allow for immediate parole eligibility. However, Hochman has not yet taken a stance on this recommendation.
The next resentencing hearing is scheduled for March 20 and 21. Meanwhile, the brothers have also submitted a request for clemency to California Governor Gavin Newsom, who previously indicated he would defer to Hochman’s analysis before making any decisions.
The legal saga surrounding the Menendez brothers continues to unfold as they seek paths to possible freedom from their life sentences.
