DA submits opposition to Menendez brothers' bid for new trial

Los Angeles County District Attorney Nathan Hochman, who has consistently opposed efforts by convicted killers Erik and Lyle Menendez to be released from prison, continued that trend Thursday, with his office formally opposing an effort to by the brothers to be granted  a new trial.

Lyle Menendez, 57, and Erik Menendez, 54, have spent about 35 years behind bars without the possibility of parole for the Aug. 20, 1989, killings of Jose and Mary Louise "Kitty" Menendez in their Beverly Hills home. The Menendez brothers claim the killings were committed after years of abuse, including alleged sexual abuse by their father.

In May, Los Angeles Superior Court Judge Michael Jesic re-sentenced them to 50 years to life in prison, making them immediately eligible for parole consideration because they were younger than 26 when the crime occurred.

If the parole board recommends the brothers for parole, the issue will then be forwarded to Gov. Gavin Newsom, who will have 90 days to review the matter and could reject the parole grant. Attorneys for the brothers have also submitted a request for Newsom to consider granting the pair clemency.

The brothers' parole hearings are set for Aug. 21-22.

In 2023, as another avenue for possible release, attorneys for the Menendez brothers also submitted a petition for a writ of habeas corpus, essentially asking that they be granted a new trial.

In that 2023 petition, attorneys for the brothers pointed to two new pieces of evidence they contend corroborate the brothers' allegations of long- term sexual abuse at the hands of their father -- a letter allegedly written by Erik Menendez to his cousin Andy Cano in early 1989 or late 1988, and recent allegations by Roy Rosselló, a former member of the boy band Menudo, that he too was sexually abused by Jose Menendez as a teenager.

But the District Attorney's Office on Thursday submitted a 132-page response opposing the petition, arguing that the murders were clearly premeditated, and the brothers confessed to the killings.

"After completing a thorough and exhaustive review of the Menendez brothers' habeas corpus petition and the alleged `new' evidence presented, we have concluded that this petition does not come close to meeting the factual or legal standard to warrant a new trial," Hochman said in a statement. "The overwhelming evidence of the Menendez brothers' premeditated, deliberate, willful and brutal murders of their parents the night of Aug. 20, 1989, leading to their convictions for first-degree murder with special circumstances, is not in any way challenged by evidence that is not `new' or `material' or `credible' or `presented without substantial delay' that would more likely than not have changed the outcome of this case."

He said the brothers maintained throughout their trials that they acted in self-defense, and the latest claims about new evidence amount to nothing more than a "Hail Mary" effort to obtain a new trial.

“Given that the law has changed since they were originally convicted, here in California, individuals who have committed crimes and are under 26 years old at the time of the offense, under California law, are eligible for parole,” Former Federal Prosecutor Stephen Cazares said to CALÓ News. 

Cazares, now an attorney with Foundation Law Group, said that the resentencing for the brothers would mean that they could serve a lesser term, which could automatically allow them to seek parole or be released on time served.  

Since Lyle was 21 and Erik 18 when they killed their parents, their defense attorneys argue that this law should apply to them. 

Additional reporting by City News Service. Brenda Verano contributed to this story.