Menendez brothers continue fight for new trial, despite D.A. Hochman’s opposition
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L.A. County Dist. Atty. Nathan Hochman is opposed to a new trial for the Menendez brothers, but the incarcerated siblings say that won’t stop them from pushing for another opportunity to defend themselves in court.
The brothers were sentenced to life in prison without parole for the 1989 slayings of their parents in their Beverly Hills mansion. Last year, the brothers’ defense team kicked off a new effort to free them by filing a habeas corpus petition arguing that new evidence bolstered allegations that the brothers were sexually abused by their father.
But last month Hochman announced that he opposed a new trial and is urging the court to deny the petition.
Dist. Atty. Nathan Hochman said Friday that he’ll revisit the issue of resentencing the brothers, who are serving life terms for killing their parents in 1989.
Hochman said the act of murder was the issue in the conviction, not the sexual abuse allegations. The brothers would’ve had to have had an imminent fear that their parents would kill them over the sexual abuse revelations for the murders to be considered self-defense, he added.
On Tuesday, Lyle Menendez wrote on social media that the brothers intend to challenge Hochman’s opposition to the trial.
“We will be filing our rebuttal to his error-filled, misguided response to the habeas [corpus] petition, and that fight will continue,” wrote Lyle.
In the initial case, prosecutors argued that the killings were motivated by the boys’ desire to secure their $14-million inheritance, while the defense team argued that they were acting in self-defense following years of sexual abuse by their father, Jose Menendez.
Now defense attorneys say they have new evidence, including a letter that Erik Menendez wrote about the sexual abuse he endured as a teenager prior to committing the killings. The attorneys also point to new claims brought forward by Roy Rosselló, a former member of the boy band Menudo, who said he too was raped by Jose Menendez.
Even if the brothers are unable to overcome Hochman’s opposition to a new trial, they still have two more avenues to gain their freedom. Gov. Gavin Newsom could grant them clemency, or a judge could resentence them, making them immediately eligible for parole.
L.A. County Dist. Atty. Gascón’s decision to seek to resentence Erik and Lyle Menendez is just the first step in what could be a lengthy process to get the brothers released from prison.
Hochman has said he would not prevent a judge from moving forward with a resentencing hearing.
The brothers’ resentencing hearing was set to take place on March 20-21. This week, however, it was announced that the hearing was being postponed to an unknown date.
Last week, Newsom directed the state parole board to launch a risk assessment investigation into whether Erik and Lyle Menendez would pose an unreasonable risk to public safety if they were released.
“Everyone involved recognizes the importance of waiting for the results of the Risk Assessment, as initiated by Governor Newsom,” Lyle Menendez wrote on social media in response to the hearing postponement. “Hang tight, be patient, and keep the faith.”
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