DA Challenges Menendez Brothers’ Petition for New Trial, Highlighting Credibility Issues
The Los Angeles County district attorney asserted that the newly presented evidence was inadequate and highlighted a history of deception by the brothers.
Los Angeles County District Attorney Nathan Hochman has requested that a court reject a petition for a new trial submitted by Lyle and Erik Menendez, contending that the new evidence lacks credibility due to a documented pattern of deceit by the brothers.
At a press conference on February 21, Hochman elaborated on his reasons for believing the petition, which aims to overturn the brothers’ convictions, should be dismissed.
The Menendez brothers were found guilty in 1996 for the murder of their parents, Jose and Kitty Menendez, in their Beverly Hills residence in August 1989. They are currently serving life sentences without the possibility of parole.
Their petition, submitted in May 2023, introduced two new pieces of evidence: a non-dated photocopy of a letter allegedly penned by Erik Menendez to his cousin Andy Cano in December 1988 discussing sexual abuse by their father, and a declaration from Roy Rossello claiming he was sexually abused by Jose Menendez in the early 1980s.
Hochman maintained that these new pieces of evidence do not fulfill the stringent criteria necessary for a successful petition. He stressed that the evidence must be new, timely, admissible, and credible.
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The district attorney commented that if the letter is authentic, it should have been discovered and presented during the original trials. “If Erik Menendez authored this letter, he had it or was aware of it, or Andy Cano had it and certainly knew about it by the time of the 1993 trials,” he remarked.
Hochman also referenced a pattern of dishonesty exhibited by the Menendez brothers throughout the case. He outlined five varying accounts the brothers provided, from denying involvement to asserting self-defense against imminent danger.
“We examined again the credibility of the letters, especially this supposedly 1988 letter from Andy Cano, weighed against the backdrop of lies, which raises serious doubts about whether this is genuinely a letter written by Erik Menendez to Andy Cano regarding sexual abuse,” Hochman stated.
The resentencing hearing, distinct from the petition, is set for March 20 and 21, 2025, focusing on whether the brothers have shown rehabilitation during their incarceration, rather than the specifics of the case discussed in the petition.
The brothers have also appealed to Governor Gavin Newsom for clemency. Newsom has postponed his decision until after Hochman completes his review of the case.
A recent Netflix documentary about the brothers has ignited renewed efforts from their family and community advocates to pursue their release.
Hochman has indicated that the extensive review of the case has been necessary.
“It’s taking a lot of time, but it’s one of those decisions you want to ensure you get right,” he mentioned during a news conference in January.
