Menendez brothers declare abuse proof might have led to acquittal

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As notorious killer brothers Erik and Lyle Mendendez wait for his or her August parole listening to, they've scored a authorized victory on one other entrance, this time within the type of new proof they are saying might have led to their acquittal.

The pair, who admitted to killing their mother and father, Mary "Kitty" and Jose Menendez, in a bloody 1989 shotgun bloodbath inside their Beverly Hills house, claimed for years that their actions had been self-defense stemming from a lifetime of bodily and sexual abuse.

A July 8 courtroom order obtained by Fox Information Digital will pressure the state to elucidate why proof to that impact was barred from their trial.

Erik Menendez, left, and is brother Lyle, in entrance of their Beverly Hills house. They're prime suspects of their mother and father homicide. (Los Angeles Occasions by way of Getty Photographs)

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About eight months earlier than the double-homicide, Erik allegedly wrote a letter to his cousin, Andy Cano, claiming that Jose had sexually abused him and Lyle.

Additional, an affidavit from Roy Rossello, a member of a boy band known as Menudo, claimed Jose, a file govt, raped him when he was a 14-year-old boy in 1983 or 1984. Rossello made the declare nearly 40 years after the alleged rape.

In March 2023, the brothers filed a habeas petition claiming that if that they had been allowed to make use of the Cano letter as proof, and if Rossello's declare had been made earlier than and offered at their second trial, a jury wouldn't have convicted them.

This mixture of two reserving photographs supplied by the California Division of Corrections reveals Erik Menendez, left, and Lyle Menendez. (California Dept. of Corrections by way of AP, File)

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In an off-the-cuff response to that petition, filed by Los Angeles County District Lawyer Nathan Hochman's workplace in February of this yr, prosecutors denied that the letter and the affidavit constituted new proof. They mentioned that the Cano letter was "premature." In addition they mentioned the Rossello affidavit was "inadmissible, immaterial, and lacks credibility."

However the July 8 order, handed down by Los Angeles County Superior Courtroom Decide William C. Ryan, mentioned that the letter and the affidavit represent a prima facie exhibiting that the brothers are entitled to habeas reduction.

The district legal professional's workplace is now topic to a "present trigger" response within the subsequent 30 days. Of their response, Hochman's workplace should clarify why the brothers' habeas reduction shouldn't be granted.

Lawyer Mark Geragos speaks to reporters on the Menendez brothers' resentencing listening to, Van Nuys, California, Tuesday, Might 13, 2025. (Derek Shook for Fox Information Digital)

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The brothers sought a brand new trial in 2023, however have since shifted their focus to their very own resentencing, which they had been granted in Might. Decide Michael Jesic resentenced the brothers to 50 years to life with the opportunity of parole. They had been beforehand serving life with out parole.

Since, the brothers have been eagerly awaiting that parole listening to. After it was initially scheduled for June 13, it was postponed till August 21 and 22.