Los Angeles County District Attorney Nathan Hochman has requested the court to deny the Menendez brothers' habeas corpus petition. The petition, filed in 2023 by Erik and Lyle Menendez, seeks a new trial or dismissal of their case based on new evidence not previously presented.
The petition focuses on two new pieces of evidence. First, a letter written by Erik Menendez to his cousin Andy Cano, eight months before the murders, details alleged abuse by his father. Although Cano testified about the abuse during the trial, the letter, which could have supported Cano's testimony, was only discovered several years ago, according to the brothers' attorney.
The second piece of evidence involves allegations from Roy Rossello, a former member of the boy band Menudo, who claimed in 2023 that he was raped by the brothers' father, Jose Menendez.
Hochman explained that for a habeas petition to succeed, it must meet several criteria: the evidence must be new, timely, credible, admissible, and undiscoverable at the time of the trial. Hochman argued that the letter to Cano does not meet the credibility standard.
"If this letter truly existed, the defense counsel would have absolutely used it at trial," Hochman stated, emphasizing that it would have corroborated testimony from Cano and Erik Menendez.
Erik Menendez testified extensively during his second trial about the abuse he and his brother endured from their father. He disclosed to Cano at ages 12 or 13, but the letter was never discussed in either trial. Erik Menendez claimed he learned of the letter in 2015, yet the habeas motion was not filed until 2023.
The defense argued that the jury was tasked with determining whether the brothers were molested by their father. However, Hochman stated the jury's focus was on whether the brothers conspired to kill their parents and if they acted in self-defense.
According to Hochman, Rossello's claims fail the admissibility standard because the brothers were unaware of these allegations until recently, so the claims couldn't have influenced their mindset during the crime.
The Justice for Erik and Lyle Coalition, advocating for the brothers' release, condemned Hochman's dismissal of the new evidence. They expressed disappointment, stating that Hochman ignored the trauma the brothers experienced and dismissed the psychological impact of the abuse.
"To suggest that years of abuse couldn’t have led to the 1989 tragedy is not only outrageous but also dangerous," the coalition stated, emphasizing the lasting impact of abuse.
The Menendez brothers were convicted in 1996 for the murders of their parents, Jose and Kitty Menendez, committed in 1989. Lyle and Erik, then 21 and 18, admitted to the killings, claiming self-defense after years of abuse, while prosecutors argued their motive was financial gain. They received life sentences without parole.
Besides the habeas corpus petition, the Menendez brothers are pursuing two additional avenues for freedom. One is through resentencing. Former LA County DA George Gascón recommended modifying their sentence to 50 years to life, making them eligible for parole immediately due to their ages during the crime. Hochman, however, has not decided on his stance regarding resentencing.
The second path is through clemency. The next resentencing hearing is scheduled for March 20 and 21.
