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LA prosecutor contests Menendez brothers’ retrial while contemplating resentencing options

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LOS ANGELES — The district attorney for Los Angeles has voiced his opposition to a retrial for brothers Lyle and Erik Menendez, who were convicted in 1989 for the murders of their parents. However, he remains uncertain about whether to support a resentencing request that could potentially grant them freedom after nearly three decades of incarceration.

Since their conviction, the Menendez brothers have maintained that new evidence pertaining to their father’s alleged sexual abuse has surfaced, prompting their legal team to pursue a reassessment of their case. They have also received backing from much of their extended family.

On Friday, District Attorney Nathan Hochman indicated that he had submitted a response seeking the dismissal of a habeas petition filed by the brothers’ attorneys this year. The petition calls for a review of their case, particularly focusing on allegations involving Erik Menendez being sexually abused by their father, Jose Menendez. In a detailed press conference, Hochman expressed skepticism regarding the claims of abuse and asserted that they do not pertain to the case’s core issues.

“While it’s possible that sexual abuse influenced Erik and Lyle’s actions, it does not equate to self-defense,” he remarked. Hochman further criticized the brothers’ detailing of their ordeal, labeling their testimonies as unreliable due to inconsistencies in their accounts surrounding the homicides.

In reaction to Hochman’s stance, the Menendez family condemned his attitude as “abhorrent” and stated that he overlooked the complexities and lasting effects of trauma faced by the brothers. “Abuse leaves long-lasting impressions and alters behavior, ensnaring victims in cycles of fear,” they asserted in a statement, emphasizing the critical need for the justice system to acknowledge these realities.

Though Lyle, aged 21 at the time, and Erik, then 18, confessed to shooting their parents with a shotgun, they maintain that they did so in self-defense, fearing that their parents intended to kill them to conceal the alleged molestation. Prosecutors rebutted by asserting that there was no evidence corroborating the allegations of abuse and claimed the brothers’ motivations were rooted in a desire for financial gain.

The prospective resentencing is set for a hearing in March, which could allow for their immediate eligibility for parole. Hochman has indicated that he will disclose further insights about his position in the forthcoming weeks. Previous district attorney George Gascón had advocated for a 50-to-life resentencing for the brothers before losing his reelection bid to Hochman, who deemed that recommendation as politically motivated.

In assessing the brothers’ eligibility for a potential resentencing, Hochman is reviewing their rehabilitation progress during their imprisonment, a process that includes examining extensive records. The habeas petition includes crucial new evidence, such as a letter from Erik to his cousin, dated 1988, in which he references being sexually abused by their father, and a declaration from Roy Rossello, a former member of the band Menudo, who alleges he was sexually abused by Jose Menendez in the 1980s.

Rossello, who disclosed his experiences in 2022, claims that Jose Menendez drugged and assaulted him while he was a teenage member of the group. Hochman argued that the letter Erik sent was unverifiable and questioned why it wasn’t brought to light during the initial trials. He dismissed Rossello’s declaration as not applicable to the case at hand, suggesting that it had no relevance to the siblings’ actions at the time of the murders.

Hochman concluded by reiterating that the arguments raised in the current habeas petition had previously been addressed and rejected numerous times over the years. Despite the uncertainties surrounding their case, Lyle and Erik Menendez still have options available, including a clemency request to Governor Gavin Newsom, who stated he would wait for Hochman’s appraisal before making a decision.

The case is receiving renewed attention following the launch of Netflix’s true-crime series, “Monsters: The Lyle and Erik Menendez Story,” which has sparked broader public discourse on the matter.

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