Los Angeles' top prosecutor rejected a bid by Erik and Lyle Menendez to challenge their murder convictions, telling reporters Friday that evidence cited by the brothers did not meet the standards required for a judge to order a new trial.
Los Angeles County District Attorney Nathan Hochman said prosecutors had filed a response Friday opposing a petition filed by the brothers in May 2023 that sought a new trial.
A letter that the brothers' lawyer has previously described as a critical piece of evidence in the petition — he said it confirms Erik’s account that his father was sexually molesting him in the months before the 1989 murders — did not appear credible, Hochman said.
The brothers have described the killings at their Beverly Hills home on the night of Aug. 20, 1989, as self-defense. They said they fatally shot their parents, Jose and Kitty Menendez, after Lyle confronted their father about his ongoing abuse of Erik and threatened to expose the entertainment company executive.
Lyle has said his father responded with what he viewed as a threat.
In the petition, Erik said he wrote the letter to his cousin in December 1988, nine months before the murders. But the document, Hochman said, is an undated photocopy.
"We've asked for the original copy," he said. "We've not been presented with an original or an envelope with a postmark."
Hochman added that Erik and the cousin testified about Erik's abuse at trial and both said the last time they spoke about it was six years before the murders, Hochman said.
He said it was "inconceivable" and "defies common sense" to believe that they discussed the abuse without raising the matter at trial.
"If they had evidence that sex abuse had been communicated not just six years before the events, but nine months before the 1989 killings, it would absolutely have come out during one or both of the testimonies," Hochman said.
The cousin, Hochman said, could not confirm the letter's authenticity because he died in 2003.
Another piece of possible evidence included in the petition is a declaration from Roy Rosselló, a former member of the Puerto Rican boy band Menudo. In the document, Rossello alleged that Jose Menendez — who was then working for RCA, the band’s record label — sexually assaulted him while the band was in the United States.
The claims were the subject of a 2023 Peacock series, “Menendez + Menudo: Boys Betrayed.”
But in Friday's court filing, prosecutors argued that the claim was “inadmissible, immaterial and lacks credibility.”
Citing the California Court of Appeal, they noted “the trial court stated the principal issue was the state of mind of the defendants at the time of the killing and the relevant prior incident may have had on the defendants.”
The Menendez brothers did not learn of Rossello’s allegations until more than three decades after the murders, making the evidence inadmissible, the filing states.
In a statement Friday, family members of Erik and Lyle who are pushing for the brothers' release said they were "profoundly disappointed" by the prosecutor's comments, which they said "effectively tore up new evidence and discredited the trauma they experienced."
"He is not just dismissing Erik and Lyle’s experiences, he is silencing survivors everywhere who know what it’s like to be disbelieved, ignored, and retraumatized by a system designed to protect them."
Prosecutors have previously disputed the brothers’ abuse claims, calling them false and saying the killings were cold-blooded and financially motivated.
Both brothers testified about the alleged abuse at their televised trial in 1993. When a jury could not reach a unanimous verdict, a judge declared a mistrial. During their 1995 retrial, Lyle did not testify and the judge — citing a ruling from California’s high court — barred them from claiming self-defense.
The brothers were convicted of first-degree murder and sentenced to life without the possibility of parole.
Last October, former Los Angeles County District Attorney George Gascón said he supported a request to resentence the brothers to 50 years to life in prison, a move that could make them eligible for parole immediately if approved by a judge.
Hochman said Friday that his office is still reviewing the request but he expects to make a decision in the next two weeks. A two-day hearing on matter is scheduled for March.
In an interview with “Dateline,” Gascón acknowledged that their crimes were brutal and premeditated but said the brothers have been “exceptional prisoners” while incarcerated and no longer pose a public safety risk.
Many of the brothers’ relatives have publicly supported Gascón’s efforts, with one saying at an October news conference that their family stands “united in hope and gratitude.”
Kitty’s brother, Milton Andersen, has opposed their release. In a letter to Gascón, a lawyer for Andersen said the brothers’ motive in the killing was “pure greed.”
Gascón also said he supports clemency for the brothers, which would be granted by California Gov. Gavin Newsom. Newsom has not yet weighed in on the matter.
