Los Angeles County District Attorney Nathan Hochman has formally opposed the Menendez brothers’ request for a new trial, filing a motion to deny their habeas corpus petition on Friday.
The petition, filed in May 2023, seeks to vacate the brothers’ first-degree murder convictions for the 1989 killing of their parents, Jose and Kitty Menendez, and requests a new trial based on new evidence of alleged abuse.
The brothers, Lyle and Erik Menendez, have been serving life sentences without the possibility of parole for more than 35 years after fatally shooting their parents in their Beverly Hills home.
Why Are Lyle and Erik Menendez Requesting a New Trial?
The habeas petition cites two pieces of new evidence that their defense argues support their claims of longstanding physical and sexual abuse by their father:
- A 1988 letter written by Erik Menendez to his cousin Andy Cano, allegedly alluding to abuse by their father.
- A declaration from Roy Rosselló, a former member of the boy band Menudo, who claims that Jose Menendez, a former record executive, sexually assaulted him in the 1980s.
Their legal team argues that the alleged abuse, if considered in court, could have reduced their conviction from first-degree murder to manslaughter, making them eligible for immediate parole due to time already served.
Why Did DA Hochman Oppose the Petition?
DA Hochman argues that:
- The alleged new evidence lacks credibility due to the brothers’ history of lying throughout the investigation and trial.
- The question of whether they were abused is not relevant to whether the murders were carried out with willful intent, deliberation, and premeditation.
- Evidence suggests they planned the killings, including using a false ID to buy firearms and staging the crime scene to look like a gangland hit.
“The jury was not asked to decide if the Menendez brothers were sexually abused by their father… only if they committed these murders willfully, deliberately, and with premeditation or in self-defense,” Hochman stated in the DA’s official filing.
Upcoming Resentencing Hearing
The brothers’ next legal opportunity comes at a resentencing hearing scheduled for March 20 and 21, 2025. Unlike the habeas petition, the hearing will focus on:
- Rehabilitation efforts made by the brothers while incarcerated.
- Their eligibility for parole under California Penal Code § 3051, which allows individuals who committed crimes under the age of 26 to be considered for parole after 15 years of imprisonment.
Public and Family Reactions
Supporters’ Perspective:
The Justice for Erik and Lyle Coalition, a family-led initiative, criticized Hochman’s decision, stating:
“District Attorney Nathan Hochman took us right back to 1996 today. He opened the wounds we have spent decades trying to heal.”
Family members, including cousins and their aunt Joan VanderMolen, have spoken in favor of their release, citing the brothers’ alleged trauma from abuse and rehabilitation efforts behind bars.
Opposition Within the Family:
Milton Andersen, an uncle of the Menendez brothers, continues to oppose their release, stating:
“Their cold-blooded actions shattered their family and left a trail of grief that has persisted for decades.”
Possible Paths to Early Release
- Habeas Petition (New Trial): If approved, could lead to a lesser conviction like manslaughter and eligibility for parole.
- Resentencing Hearing: Based on rehabilitation efforts under California Penal Code § 3051.
- Clemency: A possible recommendation from Governor Gavin Newsom, who has said he will defer to Hochman’s final review of the case.
