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Top LA County prosecutors are formally opposed to efforts to be granted a new trial by the Menendez brothers.
District Attorney Nathan Hochman, who has consistently opposed efforts to be released from prison by convicted murderers, has filed his office’s response to Eric and Lyle Menendez’s habeas stakes for a new trial. The brothers have been sentenced to approximately 35 years in prison for the shotgun murder of their parents at the family Beverly Hills Mansion.
One possible path to freedom is a 2023 petition by the brother’s lawyer. He pointed to two new pieces of evidence claiming it supported the brother’s allegations of long-term sexual abuse at the hands of his father. The petition essentially asks the brothers to be allowed to go to a new trial.
Hochman said in a statement released Thursday after the District Attorney’s Office filed a 132-page opposition to the petition, that the defense filing “is not approaching meeting factual or legal standards to justify the new trial.”
“On the night of August 20th, 1989, overwhelming evidence of the planned, intentional, intentional, intentional, brutal murder of the Menendez brothers leads to a conviction of first-degree murder in special circumstances.
Hochmann said the brothers kept them through their trials that they acted in self-defense, and that the latest claims about new evidence were merely “authormary” efforts to get a new trial.
In a prosecutor’s submission, Deputy Prosecutor Seth Carmack said, “There are few murders where the planning and evidence of the plan are as harsh as those presented in this case. Petitioners confessed on tape to kill their parents, revealing their foresight and the extent of deliberation.”
In that 2023 petition, the brother’s lawyer said the new evidence “not only shows that Jose Menendez is a violent and brutal man who sexually abuses children, but in fact it strongly suggests that Eric Menendez was abusing Eric Menendez in December 1988.
They added, “The newly discovered evidence directly supports the defenses presented at the trial and likewise directly lowers the state’s cases.”
Eric Menendez, 54, and Lyle Menendez, 57, have other options to pursue their release from prison after a Los Angeles County Superior Court judge in May. Eric Menendez will be listening to parole suitability on August 21 at the Richard J. Donovan Correctional Facility in San Diego. Lyle Menendez will hold a parole suitability hearing in the same prison the following day.
If the Parole Board recommends parole for siblings, the matter will be forwarded to Governor Gavin Newsom. Gavin Mushemom has 90 days to review the issue and can deny a parole grant. The brother’s lawyer submitted a request for the newspaper to consider granting tolerance for newspaper membranes.
The brothers’ first trial ended with a deadline between the ju judges unable to reach the verdict and fewer charges, including first-degree murder and manslaughter charges. The second trial, which began in October 1995 and lacked much of the testimony centered on allegations of sexual abuse by Jose Menendez, ended with both brothers being convicted of first-degree murder and conspiracy.
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