At a news conference on Feb 21, Los Angeles District Attorney Nathan Hochman said his office will oppose a habeas corpus petition filed on behalf of Erik and Lyle Menendez seeking a new trial for the brothers. The petition is one of three possible pathways for release for the two. Hochman indicated that he is still deciding whether he will recommend a resentencing. A hearing on the resentencing is set to begin on March 20 at Van Nuys Courthouse West. Attorneys for the brothers have also filed an application for clemency through Governor Gavin Newsom’s office. Erik and Lyle Menendez have served more than 35 years of their life sentences after being convicted of the 1989 murders of their parents in Beverly Hills.
The brothers’ current attempts to gain a new trial, resentencing or release hinge in part on new evidence that may corroborate claims their parents sexually abused the brothers. A letter from Erik Menendez to a cousin implies the abuse continued up until months before the killings. Roy Rosselló, a pop singer, also made a statement that he was abused by the brothers’ father.
At the press conference, Hochman questioned the credibility of the new evidence. He also noted that “Sexual abuse in this situation may have been a motivation for Erik and Lyle to do what they did, but it does not constitute self-defense.”
In response to Hochman’s decision, a coalition led by family members of the brothers released a statement that the DA “effectively tore up new evidence and discredited the trauma they experienced. To suggest that the years of abuse couldn’t have led to the tragedy in 1989 is not only outrageous, but also dangerous. Abuse does not exist in a vacuum.”
The same day as the conference, the DA’s office filed papers urging the court to reject the habeas corpus petition, which effectively killed chances for a retrial. A video also released that day by the office outlined the brothers’ legal attempts at release “from a procedural perspective.” A statement accompanying the video said that it was produced because “transparency and public education are essential to ensuring confidence” in the justice system.
The March 20 resentencing hearing has the potential to change the brothers’ sentences from life in prison without parole to life in prison with parole. If resentenced, they’d likely be released. Relatives of the two brothers released a statement expressing hope that the judge in that case “will examine the evidence in their case without prejudice, carefully adhering to California law with modern understanding of trauma.”
Resentencing would also examine if the brothers have been rehabilitated while incarcerated. Attorneys and relatives have claimed that Erik and Lyle have, among other things, mentored other prisoners and attended college classes while incarcerated.
The fate of the Menendez brothers took a political turn during the last election, in which Hochman handily unseated his predecessor, George Gascón. Hochman accused Gascón of being politically motivated when publicly weighing the decision to file the motion for resentencing.
Sacramento politicians are also involved in the case, as Gov. Newsom contemplates the clemency application. Newsom’s office announced on Feb. 26 that he has directed the state parole board to make a “risk assessment investigation” before he rules on the brothers’ application for clemency. In videotaped remarks, Newsom said, “The question for the board is a simple one—do Erik and Lyle Menendez pose what we call unreasonable risk to public safety,’’ and said the assessment would be shared with the DA’s office, defense attorney and court ruling on the case.
Previously, Newsom said he would defer to Hochman’s review and analysis of the Menendez case prior to making any clemency decisions.
If Newsom approves the application for clemency, the parole board has up to six months to review the case. If clemency is approved, the decision would go to Newsom, who then could reverse or modify that recommendation.
On Feb. 27, a cousin of the Menendez brothers praised Newsom’s announcement.
“This is a pretty exciting time for us as the family of Erik and Lyle Menendez,’’ Anamaria Baralt said. She described it as “a positive step toward Erik and Lyle’s release.’’
She added, “We are incredibly grateful that Governor Newsom is paying attention to this case … For us, it is a huge sigh of relief that someone in a seat of power is paying attention to what we have seen up close since Erik and Lyle have been incarcerated. We have seen their rehabilitation. Erik and Lyle have changed countless lives since their conviction in 1996. Inmates have seen it, corrections officers have seen it and now we need the entire criminal justice system to see it.’’
