Los Angeles County prosecutors are seeking a writ of habeas corpus for Lyle and Eric Menendez, a separate legal effort from their ongoing re-sentencing requests challenging the validity of Lyle and Eric Menendez’s convictions and life sentences. It asked for an extension of time to file a response to the petition. For murdering his parents in 1989.
The Los Angeles County District Attorney’s Office asked the court to extend the deadline to respond to the petition until Dec. 20, 2024, according to court documents filed Tuesday.
The Menendez brothers filed a petition for habeas corpus on May 3, 2023, and the court ordered the prosecutor’s office to apply for habeas corpus in June, September, and November of 2023, as well as in January, March, April, and July. Many extensions have been granted, including to August. And in September 2024.
Tuesday’s court filing did not provide a specific reason for the deadline extension other than to cite a state law that gives judges the power to grant delays whenever there is “good cause.”
The petition filed by the Menendez brothers argues that their conviction for shooting their parents and their life sentences without the possibility of parole are unconstitutional in light of new evidence.
One piece of evidence is a letter Eric Menendez allegedly wrote to his cousin months before his parents were killed with a shotgun, in which Eric spoke of childhood sexual abuse by his father, Jose Menendez. .
“I wake up every night wondering if (Jose) might come,” Eric wrote in a letter to his cousin Andy Cano. “(Jose) is crazy! He warned me a hundred times about telling anyone, especially Lyle.”
In addition to their efforts to overturn the murder convictions, the defense team is also seeking a reduction in the brothers’ sentences through a counterclaim, citing the fact that they were victims of sexual abuse by their biological father and their good behavior in prison. .
If the recommendation by outgoing prosecutor George Gascón for a new trial is approved, the brothers could be immediately eligible for parole.
The judge on Monday moved the retrial hearing to January 30 and January 31, 2025.
Incoming District Attorney Nathan Hochman said the postponement will give him enough time to review the case.
“With Judge (Michael) Jessick’s decision to continue hearing the motion for reconsideration until January 30-31, I reviewed extensive prison records, records from two lengthy trials, and extensive evidence, and the prosecutor’s office “We will have sufficient time to consult with the law,” Hochman said. “We look forward to a thorough review of all the facts and law to defend in court.”
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