LA County Dist. Atty. Nathan Hochmann is opposed to the Menendez brothers’ new trial, but the imprisoned brothers say they won’t try and ask for another opportunity to protect themselves in court.
The brothers were sentenced to life in prison without parole for the murder of their parents at the Beverly Hills mansion. Last year, the brothers’ defense team launched a new effort to free them by filing a habeas-protection petition claiming that new evidence strengthened allegations that the brothers had been sexually abused by their father.
However, last month, Hochman announced he was opposed to the new trial and urging the court to deny the petition.
Hochman said the murder was a matter of conviction, not a sexual abuse allegation. The brothers would have had the pressing fear that their parents would kill them about sexual abuse revelation for murder to be considered self-defense.
On Tuesday, Lyle Menendez wrote on social media that the brothers intend to challenge Hochman’s opposition to the trial.
“We submit a counterargument to his error-filled, misguided response to habeas. [corpus] Petition, and the fight will continue,” Lyle wrote.
In the first case, prosecutors argued that the murder was motivated by the boy’s desire to secure a $14 million inheritance, but the defense team claimed that they were acting in self-defense after years of sexual abuse by his father, Jose Menendez.
Attorneys now say they have new evidence, including letters written about sexual abuse that Eric Menendez endured as a teenager before committing the murder. The lawyer also points to a new claim raised by Roy Rosselló, a former member of the boys’ band Menudo.
Even if the brothers fail to overcome Hochman’s opposition to the new trial, they still have two more paths to gain their freedom. Gov. Gavin Newsom was able to grant to them generosity, and the judge replied to them and was able to quickly qualify for parole.
Hochmann said it would not prevent the judge from moving forward in the Res court.
The brothers’ resentment hearing was scheduled to take place from March 20th to 21st. However, this week it was announced that the hearing has been 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 are released pose an unreasonable risk to public safety.
“Everyone involved recognizes the importance of waiting for the results of a risk assessment, as started by Governor Newsom,” Lyle Menendez wrote on social media in response to the postponement of the hearing. “Be sure to hang down firmly, be patient and be patient.”
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