Los Angeles County District Attorney Rejects Menendez Brothers’ Appeal
Conviction Challenged Due to New Evidence of Abuse
Los Angeles, California – The Los Angeles County District Attorney, Nathan J. Hochman, has rejected the latest attempt by Lyle and Erik Menendez to overturn their murder convictions for the 1989 shotgun killing of their parents, Jose and Kitty Menendez.
In a habeas corpus petition filed in 2023, the brothers requested their convictions be vacated or a retrial granted based on new evidence. However, Hochman argued that the evidence did not meet the stringent standards required for either action.
Evidence of Abuse Raised
The new evidence submitted by the brothers included 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 claiming that Jose Menendez sexually abused him in the 1980s.
The defense team contended that the trial judge overseeing the second trial had excluded vital evidence of abuse, which would have influenced the jury’s verdict.
Evidence Deemed Insufficient
Hochman dismissed the significance of the letter, stating that it was available during previous trials and should have been presented at that time. He also pointed out the "substantial delay" between when the letter was made public and when the brothers filed their motion.
Regarding the affidavit from Rossello, Hochman argued that the Menendez brothers were unaware of their father’s alleged abuse of the singer until decades after the murder. Therefore, he claimed, it could not have been a motive for killing Jose Menendez.
District Attorney Raises Doubt on Abuse Claims
Hochman further expressed skepticism about the brothers’ central defense argument that they acted in self-defense due to fear of continued abuse. He highlighted the lack of corroborating evidence for sexual abuse and noted that the brothers had given conflicting accounts of the night of the murder.
"While sexual abuse is abhorrent and will be prosecuted in any form, it does not constitute self-defense in this situation," Hochman stated.
Legal Saga Continues
Despite this setback, the Menendez brothers’ legal battle is far from over. A California judge will decide in March whether to commute their sentences of life in prison without parole, potentially paving the way for their release.
Former Los Angeles County District Attorney George Gascón had supported resentencing the brothers, but he was defeated by Hochman in his re-election bid. Hochman has met with the brothers’ relatives and discussed their rehabilitation during their imprisonment but has yet to make a decision on resentencing.
Future Uncertain
The fate of Lyle and Erik Menendez remains unclear. They have spent 35 years in prison and are now in their fifties. The upcoming resentencing hearing and the governor’s clemency powers will shape the next chapter in their legal saga.
