With our free press under threat and federal funding for public media gone, your support matters more than ever. Help keep the LAist newsroom strong, become a monthly member or increase your support today.
Citing ‘new’ evidence, judge orders DA’s office to explain why Menendez brothers should stay in prison
Lyle, left, and Erik Menendez leave the courtroom in Santa Monica, Calif., in August 1990.
(
Nick Ut
/
AP
)
Attorneys for the Menendez brothers are seeking yet another way to get them out of prison.
Responding to a request from Menendez lawyers, a Los Angeles County judge has ordered the District Attorney’s Office to prove why the brothers — who fatally shot their parents in 1989 — should remain incarcerated.
The judge’s order, dated July 7, notes that lawyers for Lyle and Erik Menendez have two pieces of evidence they say could have changed the outcome of the brothers’ second murder trial. One is a letter from Erik Menendez to a cousin, Andy Cano, that the lawyers say corroborates the brothers’ claims that they were sexually abused by their father, Jose Menendez, for years. The other is a declaration from Roy Rossello, a former member of the singing group Menudo, who said he was sexually assaulted by Jose Menendez in the 1980s.
In his order, Superior Court Judge William Ryan said the D.A.’s office had 30 days to respond.
Support for LAist comes from
How we got here
This isn’t the first time the information related to Cano and Rosello have been discussed in court documents.
L.A. County District Attorney Nathan Hochman and his deputies have said both the letter to Cano and Rosello’s declaration are not new evidence. They have argued that neither is admissible in court and should not be considered.
Lawyers for the brothers, Mark Geragos and Cliff Gardner, have said the evidence refutes prosecutors’ arguments in trial and afterward that Jose Menendez was “not the kind of man” who would abuse his children.
The brothers shot and killed their parents in August 1989 at the family’s Beverly Hills home. Erik Menendez was 18 at the time of the murders. Lyle Menendez was 21. They are now 54 and 57, respectively.
After their arrests, Lyle and Erik Menendez long contended that they killings happened in self-defense after years of sexual abuse by their father. They also said their mother knew about the molestations and that hers was a “mercy” killing.
Support for LAist comes from
Their claims were met with some skepticism at the time.
A jury at their first trial was unable to reach verdicts and the judge declared a mistrial. But they were convicted during a second trial in 1996, and sentenced to life in prison without parole.
Erik Menendez (left) is shown in 2016 and Lyle Menendez in 2018 in photos provided by the California Department of Corrections and Rehabilitation.
(
California Department of Corrections and Rehabilitation
/
AP
)
Chance of being released
In May, the brothers were resentenced to 50 years to life in prison, meaning they are now eligible for parole.
The decision came at the end of a Superior Court hearing in L.A., during which the lawyers for the brothers argued successfully that they no longer pose a risk to public safety.
After hearing the arguments, Judge Michael Jesic said it was time the brothers, who had been incarcerated for more than three decades, got an opportunity for release.
Support for LAist comes from
“I think it's pretty amazing what they’ve done,” said Jesic, referring to the brothers' rehabilitation work on themselves and others in prison.
It will be up to a state parole board to determine if and when the brothers are released. That hearing is now set to begin late August, according to the state Department of Corrections and Rehabilitation.
At LAist, we believe in journalism without censorship and the right of a free press to speak truth to those in power. Our hard-hitting watchdog reporting on local government, climate, and the ongoing housing and homelessness crisis is trustworthy, independent and freely accessible to everyone thanks to the support of readers like you.
But the game has changed: Congress voted to eliminate funding for public media across the country. Here at LAist that means a loss of $1.7 million in our budget every year. We want to assure you that despite growing threats to free press and free speech, LAist will remain a voice you know and trust. Speaking frankly, the amount of reader support we receive will help determine how strong of a newsroom we are going forward to cover the important news in our community.
We’re asking you to stand up for independent reporting that will not be silenced. With more individuals like you supporting this public service, we can continue to provide essential coverage for Southern Californians that you can’t find anywhere else. Become a monthly member today to help sustain this mission.
Thank you for your generous support and belief in the value of independent news.
Chip in now to fund your local journalism
(
LAist
)
Trending on LAist
-
The Palisades Fire erupted on Jan. 7 and went on to kill 12 people and destroy more than 6,800 homes and buildings. -
People moving to Los Angeles are regularly baffled by the region’s refrigerator-less apartments. They’ll soon be a thing of the past. -
Experts say students shouldn't readily forgo federal aid. But a California-only program may be a good alternative in some cases. -
Distrito Catorce’s Guillermo Piñon says the team no longer reflects his community. A new mural will honor local leaders instead. -
The program is for customers in communities that may not be able to afford turf removal or water-saving upgrades. -
More than half of sales through September have been to corporate developers. Grassroots community efforts continue to work to combat the trend.
Best of LAist