New LA district attorney opposes new trial for Menendez brothers, casts doubt on their story
The Los Angeles County District Attorney on Friday said he did not support Lyle and Erik Menendez’s latest attempt to challenge their murder convictions in the 1989 shotgun killing of their parents, Jose and Kitty Menendez.
The brothers filed a habeas corpus petition in 2023 asking the court to vacate their convictions or give them a retrial in light of new evidence. But on Friday, Los Angeles County District Attorney Nathan J. Hochman said he didn't believe the evidence met the narrow and rigorous standards required for either action, so he recommended that the Los Angeles County Superior Court reject the petition.
The announcement marks the latest setback for relatives and supporters of the Menendez brothers who have sought their release, though it is far from the last attempt. Several other efforts are ongoing, including a clemency petition in front of California Gov. Gavin Newsom and a resentencing hearing slated for March.
The fate of the Menendez brothers – and whether they will ever again see life beyond the walls of a prison – remains unclear.
“The question about whether or not the Menendez brothers should be free will ultimately be a court question," Hochman said. "Our job is to give the court the information and make the arguments."
District attorney rejects habeas motion
Lyle and Erik Menendez were found guilty in 1996 of the killings of their father Jose Menendez, a wealthy music industry executive, and mother Kitty Menendez. Their 1993 trials ended in hung juries.
At the time, attorneys alleged that they were physically and sexually abused by their parents, feared for their lives and acted in self-defense. Prosecutors sowed doubt about the allegations and suggested that the brothers wanted their parents' $15 million fortune, highlighting their lavish spending spree shortly after the murders. Defense lawyers for the brothers have argued the judge overseeing the second trial excluded vital evidence of the abuse.
Amid a series of documentaries and podcasts that brought heightened public scrutiny to the case, the brothers' attorney submitted new evidence in May 2023 including a letter allegedly written by Erik Menendez to his cousin, alluding to abuse by his father, and an affidavit from former boy band member Roy Rossello alleging that Jose Menendez sexually abused him in the 1980s
Neither piece of evidence warranted overturning of the conviction, Hochman said Friday. He explained that the defense team had failed to show that the evidence could not have been discovered and presented during previous trials and that the Menendez brothers did not engage in “substantial delay” between when they learned of the evidence and when they brought their habeas motion.
Erik Menendez’s 1988 letter to his cousin would have been available during the first two trials, Hochman suggested Friday.
“It's inconceivable . . . and defies common sense, that if they had evidence that would show that sexual abuse had been communicated not just 6 years before the events, but 9 months before the 1989 killings, that it would absolutely have come out during one or both of their testimonies,” he said.
The habeas motion was also filed years after the letter was first publicized during a 2015 Barbara Walters special, Hochman said. The eight-year period between when it was released and when the motion was filed represented a “substantial delay,” he argued.
As for the affidavit from Rossello – Hochman said the Menendez brothers weren’t aware of their fathers alleged sexual abuse of the singer until decades after the murder. Therefore, he said, the abuse could not have been related to their motive for murdering Jose Menendez.
Hochman casts doubt on abuse defense
Hochman on Friday also appeared to cast doubt on one of the foundational arguments of the Menendez brother’s defense – that a fear of continued sexual abuse and imminent danger from their father motivated the murders.
When asked if he personally believed the two men were abused, Hochman responded: “They absolutely testified to it in great detail,” and then said, “I also understand that when it came to any corroborating information about sexual abuse, it was extremely lacking.”
He highlighted that the men did not bring up sexual abuse as a reason for the murders when speaking to a therapist about the crimes prior to being arrested. Instead, Hochman said the men told the therapist “they killed their mother because they didn't want her to be a witness to the crime” and thought she was living a miserable life because their father was cheating on her.
Hochman also alleged that the Menendez brothers told “five different versions” of the night they killed their parents and gave multiple justifications.
“The key for the trial is basically what happened that night, what was in their head that night,” Hochman said. “Sexual abuse is abhorrent, and we will prosecute sexual abuse in any form it comes. But sexual abuse in this situation, while it may have been a motivation for Eric and Lyle to do what they did, does not constitute self-defense.”
Future chances for the Menendez brothers' release
Despite the setback, the Menendez brother's legal saga is far from over.
In March, a California Judge will decide whether to commute the brothers sentences' of life in prison without the possibility of parole, potentially paving the way for their release.
The judge in the case will decide whether or not the brothers should be resentenced and eligible for parole. A parole board will then evaluate whether they have been rehabilitated and are safe to reenter society.
Gov. Newsom would then have the final say, since California allows the governor to accept, modify or reverse the board’s decision. He also can grant clemency on his own.
Former Los Angeles County District Attorney George Gascón had previously petitioned the court to resentence the two men to 50 years to life on two counts of first-degree murder. Gascón was defeated by Hochman in his re-election bid.
Hochman in his campaign expressed concern that Gascón support for the brothers was politically motivated.
After his appointment, Hochman met with 25 of the Menendez brother’s relatives, many of who have urged for their release, and said most of his discussions revolved around the brother's rehabilitation during their 35 years behind bars.
He said Friday that his office has not made a decision on resentencing.
Contributing: N’dea Yancy-Bragg, Christopher Cann, Jorge L. Ortiz, John Bacon, Paste BN