In Los Angeles, the district attorney has expressed opposition to revisiting the sentencing of Lyle and Erik Menendez, who have been incarcerated for more than three decades for the murder of their parents in 1989 at their Beverly Hills residence.
Los Angeles County District Attorney Nathan Hochman announced on Monday that he does not support their resentencing, stating that the brothers have consistently misrepresented their reasons for the killings and have not fully accepted responsibility for their actions.
The Menendez brothers assert that the murders were committed in self-defense following years of maltreatment by their father.
#### The 1989 Murders
The homicides of Jose and Kitty Menendez occurred on August 20, 1989. Lyle Menendez contacted 911 following the event, initially blaming the Mafia or business-related issues for the killings.
Subsequently, the brothers indulged in extravagant purchases, acquiring luxury items such as Rolex watches and real estate. Two months later, Erik Menendez confessed to his psychologist, Jerome Oziel, that he and his brother had killed their parents.
The brothers were eventually apprehended and charged with the murders, capturing widespread public interest following notable trials like that of O.J. Simpson.
Their first trial was one of the initial cases to be extensively broadcasted on Court TV, leading to various documentaries and dramatizations, including the Netflix series “Monsters: The Lyle and Erik Menendez Story.”
#### Court Proceedings
The Menendez brothers’ initial trial was conducted in 1993 with separate juries. The prosecution argued that the murders were financially motivated.
The defense, however, contended that the brothers acted out of fear and self-defense due to years of abuse.
Despite these arguments, the trials resulted in a hung jury. In a subsequent trial in 1995, crucial evidence from the first trial, including testimonies about the abuse, was excluded. Ultimately, a jury found the brothers guilty of first-degree murder, alongside special circumstance allegations, leading to life imprisonment without the possibility of parole in 1996.
#### Appeals and Legal Challenges
Since their incarceration, the brothers have persistently attempted to overturn their convictions through various appeals. In 1998, both an appellate court and the California Supreme Court rejected their appeals.
They then filed petitions for habeas corpus, which were also denied. After exhausting state court options, federal petitions were attempted but resulted in further denials, including a rejection from the Ninth Circuit Court of Appeals in 2005.
This outcome led them to accept serving the remainder of their sentences.
#### Emergence of New Evidence
In 2015, the Menendez brothers learned of a letter penned by Erik Menendez to his uncle, initially revealed in a television special by Barbara Walters.
This letter had not been presented in either trial and was regarded as new evidence supporting claims of Erik’s abuse by their father.
Moreover, Roy Rossello, a former member of the group Menudo, alleged that Jose Menendez had abused him as a teenager, bringing forth a signed declaration as well.
This prompted the brothers to file a new habeas corpus petition in May 2023.
#### Pathways for Release
The Menendez brothers have requested a new trial based on this newly surfaced evidence and are pursuing clemency from California Governor Gavin Newsom.
Hochman’s predecessor, George Gascón, had previously filed a motion favoring resentencing, which could enable the brothers’ eligibility for parole, given their ages during the crimes.
If the parole board approves their release, Governor Newsom will review it within a 150-day timeframe.
#### Current Stance and Future Steps
However, District Attorney Nathan Hochman has rescinded the resentencing motion put forth by Gascón, opposing the idea due to what he perceives as the Menendez brothers’ failure to acknowledge their complete role in the murders.
Hochman’s office aims to create awareness of what it believes are inaccuracies or omissions by the defense regarding the motives and circumstances of the killings.
Legal analyst Laurie Levenson suggests that Hochman’s stance could significantly hinder the brothers’ chances of securing freedom, affecting the court’s potential decision during their scheduled resentencing hearing.
Levenson notes the governor’s office and clemency as possibly more viable options for the Menendez brothers, given the current prosecutorial opposition.
The court hearing concerning their resentencing is slated for March 20 and 21, conducted by LA County Superior Court Judge Michael Jesic.
