A Los Angeles Superior Court judge has ordered the L.A. District Attorney’s Office to demonstrate why Erik and Lyle Menendez, who were found guilty of murdering their parents in 1989, should not have those convictions reconsidered.
The order, which was released on July 7, hinges on new evidence that lawyers for the Menendez brothers argue could have changed the outcome of their convictions.
The evidence includes two documents that support the brothers’ claim that they murdered their parents out of self-defense after suffering years of sexual abuse at the hands of their father, Jose Menendez. One document is a letter from Erik Menendez to his cousin, Andy Cano, in which the former describes the abuse he endured. The other is a declaration from Roy Rossello, a former member of the boy band Menudo, that he was raped by Jose Menendez in the 1980s.
The July 7 order came as a response to a May 2023 habeas corpus petition filed by attorneys for the brothers. The order was issued by L.A. County Superior Court Judge William Ryan.
Lyle and Erik Menendez were tried and convicted of killing their parents in Beverly Hills in 1989. Their first trial resulted in a hung verdict, and their second trial resulted in a sentencing of life without the possibility of parole after they were found guilty of first-degree murder with special circumstances.
Former L.A. County District Attorney George Gascón filed a motion for resentencing in 2024, which was granted.
At the resentencing hearing, which was held in May, Los Angeles Superior Court Judge Michael Jesic removed the special circumstance allegation from the brothers’ original conviction and reduced their sentences to 50 years to life with the possibility of parole.
Jesic cited the rehabilitation efforts the brothers have made in prison.
During the resentencing hearing, Erik issued an apology to the Beverly Hills community, saying that the murders instilled a sense of fear among residents.
Appearing virtually, Erik also apologized for taking his parents’ lives. “My actions were criminal,” he said. “They were also selfish, cruel and cowardly.”
Lyle, also appearing virtually, said that he takes “full responsibility for my choices.”
“I believed I was a 21-year-old who could fix what could not be fixed,” he said.
The brothers largely have the support of their family members, many of whom spoke on their behalf at the resentencing hearing.
L.A. County District Attorney Nathan Hochman opposed resentencing for the brothers, arguing that they repeatedly lied about the murders being committed in self-defense and have not yet acknowledged their statements as such.
In a statement following the resentencing, Hochman said that Jesic’s decision was “a monumental one that has significant implications for the families involved, the community, and the principles of justice. Our office’s motions to withdraw the resentencing motion filed by the previous administration ensured that the court was presented with all the facts before making such a consequential decision.”
Hochman has also argued that the Cano and Rosello documents are not admissible in court.
Attorneys for the Menendez brothers, meanwhile, said that the documents counter the prosecution’s claim that Jose was “not a violent and brutal man” and “not the kind of man” that would abuse his children.
In a statement to the Courier, Hochman’s office said that “the Andy Cano letter and Roy Rossello allegations were not known to the District Attorney’s Office until the habeas petition was filed on May 3, 2023.”
The brothers will have a parole hearing on Aug. 21 and 22. If the board recommends parole, the decision will be sent to California Gov. Gavin Newsom. Newsom will have 90 days to review the decision and has the power to overrule it.
