Lyle and Erik Menendez have been serving sentences of life in prison without the possibility of parole for the August 1989 murder of their parents, Jose and Kitty Menendez. They fatally shot their parents at the family's Beverly Hills home, admitting to the killings over the course of two trials as they claimed self-defense and said they feared for their lives following years of physical and sexual abuse. In 1996, a jury convicted them of first-degree murder. They have spent over 35 years behind bars.
The habeas petition filed in May 2023 cited what their lawyers described as two new pieces of evidence backing the brothers' allegations of abuse, including a 1988 written by Erik Menendez which alludes to sexual abuse by his father and an allegation of sexual assault made by a former boy band member against the brothers' father, who was once a record executive.
It could lead to a vacating of their murder convictions, and potentially a new trial, if granted by a judge.
Erik Menendez, left, in an Oct. 31, 2016 photo; and Lyle Menendez, right, in a Feb. 22, 2018 photo. California Department of Corrections and Rehabilitation via AP"The shogun blast to the mother actually didn't kill her," Hochman said. "She actually ended up lying on the ground, groaning and bleeding in pain, and at that point, when Lyle and Erik Menendez had run out of ammunition, they reload and Lyle puts the reloaded shotgun up to his mother's face and reloads the trigger. That's staging it, at the time, like a gangland hit — which then becomes their deceit and lies in the ensuing months that occurred."
Among the new evidence is an affidavit from Roy Rosselló, former member of the boy band Menudo, saying he was sexually assaulted by Jose Menendez in the 1980s and a letter allegedly written by Erik Menendez to his cousin, Andy Cano, in 1988. The letter alludes to abuse by his father, according to the brothers' appellate attorney, Cliff Gardner, who filed the habeas petition.
A letter written by Erik Menendez to his cousin Andy Cano in December 1988 was attached as an exhibit to the habeas petition that was filed in May 2023. Superior Court of the State of California, Los Angeles CountyBut Hochman questioned the credibility of the letter given the past instances of lying by the brothers. He also said that both Andy Cano and Erik Menendez testified about discussing abuse allegations but their testimony made no mention of such communications in 1988.
Last year, former DA George Gascón recommended resentencing for the brothers. Since Hochman was elected in November, he has said prosecutors in his office must still review thousands of pages of trial transcripts and prison records before he reaches his own decision.
Under California Penal Code § 3051, they would be immediately eligible for parole since they committed the crimes when they were under the age of 26 and have already spent 15 years in prison.
Towards the end of his term as DA, Gascón said he would ask a judge to resentence Lyle and Erik Menendez to 50 years to life, which would make them eligible for parole immediately.
The former DA also wrote to Gov. Gavin Newsom to show support for them being granted clemency, citing their allegations of sexual abuse and saying they have rehabilitated by showing good behavior while behind bars, earning college diplomas and leading support groups for other survivors of abuse.
Lyle, left, and Erik Menendez AP"This 35-year process has been incredibly traumatizing for us, as I'm sure you can all imagine," Anamaria Baralt, a cousin of theirs, told reporters after the meeting. "We are very much hoping that we can find a path to manslaughter — that we can see the release of the brothers immediately."
Hochman has said he is leading the DA's office with what he calls a "hard middle" approach, advocating for increased penalties for some non-violent crimes while also being open to some rehabilitative measures. Last year, he said he would continue running the Resentencing Unit that Gascón started in April 2021, which oversaw the resentencing of at least 300 people.
"My plans would be to certainly continue the Resentencing Unit," Hochman said days after being elected. "Once I get into office, I'll be better able to understand all the aspects of it and whether or not any changes are required, whether or not it needs to be scaled up more to do more resentencings. But we will be looking at, again, the facts and the law of each of the cases that come down."
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