A petition for habeas corpus filed by Erik and Lyle Menendez’s attorneys, seeking a new trial based on what they claim is corroborating evidence of past abuse, has been rejected by Los Angeles District Attorney Nathan Hochman.
The decision, announced Friday, was met with outrage from the brothers’ family, who have long fought for their release.
Hochman defended his decision in a public statement and released a video outlining the reasoning behind it.
Family Outraged Over DA’s Decision
“The justice system failed Erik and Lyle then, and it continues to fail them now,” the Menendez family said in a joint statement. “The jury in their second trial never heard the full truth. Key testimony was withheld, and now, DA Hochman is attempting to erase this reality once again. He is not just dismissing Erik and Lyle’s experiences, he is silencing survivors everywhere who know what it’s like to be disbelieved, ignored, and retraumatized by a system designed to protect them.”
The Case That Shocked America
Erik and Lyle Menendez were convicted in 1996 for the 1989 murders of their parents, Jose and Kitty Menendez. The brothers, who were 21 and 18 at the time, admitted to shooting their parents in their Beverly Hills home but argued it was an act of self-defense after years of sexual and physical abuse. Prosecutors dismissed that claim, calling it an “abuse excuse” and portraying the brothers as greedy individuals who murdered their parents for financial gain before embarking on a lavish spending spree.
New Evidence at the Center of the Appeal
Two key pieces of evidence were central to the petition, but Hochman determined they did not meet the legal standards required for a new trial.
One piece of evidence was a letter Erik Menendez wrote to his cousin Andy Cano eight months before the murders, describing alleged sexual abuse by his father. Although Cano testified about the abuse during the trial, the letter—potentially corroborating his testimony—was only discovered years later.
The second piece was testimony from former Menudo boy band member Roy Rossello, who in 2023 alleged that he was raped by Jose Menendez.
Despite these revelations, Hochman ruled that the new evidence was insufficient to warrant a retrial.
Two Possible Paths to Freedom
Although the brothers were denied a new trial, they still have two possible paths to release.
One option is through resentencing, which Hochman said his office would address “in the coming weeks.” The other is a clemency request submitted to California Gov. Gavin Newsom. In November, Newsom stated that he would wait for Hochman’s review of the case before making any decisions regarding clemency.
Family Vows to Continue the Fight
“For over three decades, our family has lived with the weight of what Erik and Lyle endured—abuse that shaped their lives, fear that defined their childhood, and a justice system that refused to see them as victims,” the Menendez family’s statement continued. “We are so incredibly proud of the men Erik and Lyle have become—men who have dedicated their lives to helping others, despite believing they would never have a second chance. We will continue to fight for their release, so that we can finally heal and move forward.”
