Los Angeles’ top prosecutor rejected a bid by Erik and Lyle Menendez to challenge their murder convictions, telling reporters Friday that evidence cited by the brothers did not meet the standards required for a judge to order a new trial.
Los Angeles County District Attorney Nathan Hochman said prosecutors had filed a response Friday opposing a petition filed by the brothers in May 2023 that sought a new trial.
The petition included a letter that Erik’s lawyer has described as the “linchpin” in the brothers’ effort to overturn their convictions. The lawyer, Mark Geragos, said the document confirms Erik’s accounts of abuse at the hands of his father before the killings.
The brothers have described the killings at their Beverly Hills home on the night of Aug. 20, 1989, as self-defense. They said they fatally shot their parents, Jose and Kitty Menendez, after Lyle confronted their father about his ongoing abuse of Erik and threatened to expose the entertainment company executive.
Lyle has said his father responded with what he viewed as a threat.
Prosecutors have disputed the brothers’ abuse claims, calling them false and saying the killings were cold-blooded and financially motivated.
Both brothers testified about the alleged abuse at their televised trial in 1993. When a jury could not reach a unanimous verdict, a judge declared a mistrial. During their 1995 retrial, Lyle did not testify and the judge — citing a ruling from California’s high court — barred them from claiming self-defense.
The brothers were convicted of first-degree murder and sentenced to life without the possibility of parole.
Another piece of possible evidence included in the petition is a declaration from Roy Rosselló, a former member of the Puerto Rican boy band Menudo. In the document, Rossello alleged that Jose Menendez — who was then working for RCA, the band’s record label — sexually assaulted him while the band was in the United States.
The claims were the subject of a 2023 Peacock series, “Menendez + Menudo: Boys Betrayed.”
Former Los Angeles County District Attorney George Gascón has also said he supports clemency for the brothers and he sought to have their prison terms reduced to 50 years to life.
If the brothers’ resentencing is approved by a judge, they could be eligible for parole immediately. Hochman has said his office is still reviewing the request. A two-day hearing on matter is scheduled for March.
In an interview with “Dateline,” Gascón acknowledged that their crimes were brutal and premeditated but said the brothers have been “exceptional prisoners” while incarcerated and no longer pose a public safety risk.
Many of the brothers’ relatives have publicly supported Gascón’s efforts, with one saying at an October news conference that their family stands “united in hope and gratitude.”
Kitty’s brother, Milton Andersen, has opposed their release. In a letter to Gascón, a lawyer for Andersen said the brothers’ motive in the killing was “pure greed.”
