DA Opposes Menendez Brothers’ Petition for New Trial, Citing Lack of Credibility

Lyle (L) and Erik Menendez sit with defense attorney Leslie Abramson during a municipal court hearing in the Beverly Hills area of Los Angeles on Nov. 26, 1990. Nick Ut/AP Photo

Los Angeles County District Attorney Nathan Hochman has asked a court to deny a petition for a new trial filed by Lyle and Erik Menendez, arguing that the new evidence presented lacks credibility due to a history of deception by the brothers.

At a Feb. 21 press conference, Hochman detailed why he believes the petition, which seeks to vacate the brothers’ convictions, should be rejected.

“We believe it’s inconceivable, as we’ve argued in our papers, and defies common sense, that if they had evidence that would show that sexual abuse had been communicated not just six years before the events, but nine months before the 1989 killings, that it would absolutely have come out during one or both of their testimonies,” Hochman said during the press conference.

The Menendez brothers were convicted in 1996 for the August 1989 murders of their parents, Jose and Kitty Menendez, in their Beverly Hills home. They are currently serving life sentences without the possibility of parole.

Their petition, filed in May 2023, presented two new pieces of evidence: an undated photocopy of a letter allegedly written by Erik Menendez to his cousin Andy Cano in December 1988 discussing sexual abuse by his father, and a declaration by Roy Rossello claiming he was sexually abused by Jose Menendez in the early 1980s.

Hochman argued that the new pieces of evidence failed to meet the rigorous requirements for a successful petition. He emphasized that the evidence must be new, timely, admissible, and credible.

The district attorney said that the letter, if genuine, could have been discovered and presented during the original trials. “If Eric Menendez wrote this letter, he had it or knew about it, or Andy Cano had it and certainly knew about it by the time of the 1993 trials,” he said.

Hochman also cited a pattern of deception by the Menendez brothers throughout the case. He outlined five different versions of events the brothers had presented, ranging from denying involvement to claiming self-defense against imminent harm.

“We looked at again, the credibility of the letters, particularly this Andy Cano, 1988 supposedly letter weighted in the continuum of lies, and it calls into drastic question whether or not this is, in fact, a 1988 letter written by Eric Menendez to Andy Cano about the sexual abuse,” Hochman said.

The district attorney’s office has also released an educational video on its website, providing a procedural overview of the Menendez case. “Transparency and public education are essential to ensuring confidence in our justice system, and I encourage the public to utilize these resources to better understand the legal process,” Hochman said, according to a press release from his office.

The Menendez case has garnered renewed attention in recent years. As reported by The Epoch Times, former District Attorney George Gascón announced in October that he would ask a Los Angeles judge to resentence the brothers and allow them to become eligible for parole.

The resentencing hearing, separate from the petition, is scheduled for March 20 and 21, 2025, and will focus on whether the brothers have rehabilitated during their incarceration, rather than the facts of the case addressed in the petition.

The brothers have also petitioned Gov. Gavin Newsom for clemency. Newsom has deferred his decision until after Hochman’s review of the case.

A recent Netflix documentary about the brothers has sparked renewed efforts by their family and community supporters to seek their release.

Hochman has said that the lengthy review of the case has been necessary.

“It’s taking a lot of time, but it’s one of those decisions you want to make sure you get right,” he said during a news conference in January.

From NTD News