Los Angeles’ top prosecutor rejected a bid by Erik and Lyle Menendez to challenge their murder convictions, saying he didn’t believe the evidence met the rigorous or narrow standards to either vacate the conviction or give the brothers a retrial.
Los Angeles County District Attorney Nathan Hochman told reporters that prosecutors had filed a response Friday opposing a petition filed by the brothers in May 2023 that sought a new trial.
The petition included a new piece of evidence — a letter written by Erik that his lawyers say corroborates the allegations that he was sexually abused by his father — but Hochman said the letter did not appear credible.
Hochman did say, however, that he hasn’t decided whether to support a resentencing bid.
The brothers were found guilty in the 1989 murders of their entertainment executive father, Jose, and their mother, Kitty Menendez, and sentenced to life in prison without parole. They began their latest bid for freedom in recent years after their attorneys said new evidence of their father’s sexual abuse emerged. The brothers have the support of most of their extended family.
Kitty Menendez’ sister, Joan Andersen Vandermolen, bottom left, and niece Karen Vandermolen, right, sit together during a press conference to announce developments on the case of brothers Erik and Lyle Menendez, Wed., Oct. 16, 2024, in Los Angeles.
Damian Dovarganes / The Associated Press
On Friday, Hochman said he has filed an informal response urging the Los Angeles County Superior Court to reject a habeas corpus petition filed by the brothers’ lawyers.
“Sexual abuse in this situation may have been a motivation for Erik and Lyle to do what they did, but it does not constitute self-defence,” Hochman said.
He also characterized the brothers’ own testimony of sexual abuse as untrustworthy because they had told five different explanations for why they committed the murder.
The Menendez family called Hochman’s decision “abhorrent” and said he “discredited the trauma” experienced by the brothers.
“Abuse does not exist in a vacuum. It leaves lasting scars, rewires the brain, and traps victims in cycles of fear and trauma,” they said in a statement. “To say it played no role in Erik and Lyle’s action is to ignore decades of psychological research and basic human understanding.”
The family said new evidence should not be needed, as the justice system failed the brothers back then and “continues to fail them now.”
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At first, the brothers, who were 18 and 21 years old at the time of the killings, maintained to police they’d stopped by their parents’ house the night of the killings to retrieve Erik’s ID while on the way to a movie and discovered their slain parents.
FILE – Erik Menendez (L) and his brother Lyle (R) listen during a pre-trial hearing, on Dec., 29, 1992, in Los Angeles after the two pleaded innocent in the August 1989 shotgun deaths of their wealthy parents, Jose and Mary Louise Menendez of Beverly Hills, Calif.
Vince Bucci / AFP via Getty Images
Erik eventually confided to his therapist that he and his brother were responsible for the killings and after the therapist shared the information with his mistress, the confession eventually made its way to police.
Lyle and Erik were eventually arrested for the murders and their trial kicked off an era of high-profile, televised criminal trials that captured the public’s imagination through the ‘90s.
Despite defence arguments that José had sexually molested his two sons for years and that they killed their parents out of fear, they were convicted of first-degree murder.
Prosecutors at the time contended there was no evidence of any molestation. They said the sons were after their parents’ multi-million-dollar estate, but the brothers have said they killed their parents out of self-defence after enduring a lifetime of physical, emotional and sexual abuse.
The proposed resentencing for the brothers is still set to be taken up at a March hearing and would make them immediately eligible for parole. Hochman said at a news conference he’ll share an update on his position in the coming weeks.
His predecessor, George Gascón, recommended last year the brothers be resentenced to 50 years to life. Gascón lost his bid for reelection in November to Hochman, who at the time called the recommendation a “desperate political move.”
FILE – Erik and Lyle Menendez are seen during their trial.
Ted Soqui/Sygma via Getty Images
The possible resentencing will take into account the brothers’ rehabilitation during their time in prison. Hochman has met with the brothers’ relatives as he reviews their case, which includes thousands of pages of prison records.
The brothers have also submitted a clemency plea to California Gov. Gavin Newsom, who previously said he would not make a decision until Hochman reviewed the case.
The case gained new traction after Netflix began streaming the true-crime drama, Monsters: The Lyle and Erik Menendez Story.
Cooper Koch, the actor who played Erik in the series, spoke out in support of the brothers over the weekend after Hochman announced he would reject the petition for a new trial.
According to a statement obtained by E!, Koch expressed that he remained hopeful that the brothers would one day be released.
“I remain hopeful that there is still a path forward that will lead to their freedom,” the 28-year-old concluded, “so I encourage all of their supporters to keep their voices strong.”
— With files from The Associated Press
If you or someone you know is experiencing abuse or is involved in an abusive situation, please visit the Canadian Resource Centre for Victims of Crime for help. They are also reachable toll-free at 1-877-232-2610.
