Los Angeles D.A. Opposes Menendez Brothers’ Bid for New Trial, Citing ‘Lies and Deceit’

Los Angeles D.A. Nathan Hochman opposed a new trial for Lyle and Erik Menendez on Friday, saying the brothers have a history of “lies, deceit and fabricating stories.”

At a press conference, Hochman said he has concluded that supposed new evidence of sexual abuse should not affect the brothers’ guilty verdicts for murdering their parents, Jose and Kitty, in 1989. Hochman also noted that the brothers gave a series of shifting stories about the murders, and also pressured their friends to help them by lying in court.

He concluded that the latest claims belong on a “continuum of lies” that the brothers have told over the last several decades.

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The Menendez brothers are serving sentences of life in prison without parole. Last October, amid a flurry of renewed attention to the high-profile case, D.A. George Gascón said he would ask a court to lower their sentences to 50 years to life, which would make them eligible for parole.

Hochman, who succeeded Gascón in December, said Friday he is still reviewing that decision, and will announce the office’s position within the next two a half weeks.

The brothers’ attorneys filed a habeas corpus petition in 2023 arguing that new evidence had come to light warranting a new trial. The evidence included a purported 1988 letter from Erik Menendez to his cousin Andy Cano, complaining of his father’s abuse, and a declaration from Menudo band member Roy Rosselló, who alleged that Jose Menendez raped him in the 1980s.

In an extensive presentation on Friday afternoon, Hochman noted that the letter was never raised during either of the brothers’ two trials, even though both Erik Menendez and Andy Cano testified and would have known about it. He also argued that the Roselló allegation was irrelevant to the brothers’ claim of “imperfect self defense,” given that they were unaware of Roselló’s claim at the time of the murders.

The D.A.’s office filed an “informal response” to the petition on Friday, which runs to 87 pages. Hochman also published a 16-minute video, “The Anatomy of the Menendez Case,” in which he goes through the case in detail.

The brothers’ family and supporters have argued that attitudes about sexual abuse of boys have shifted since the trials. Hochman met in January with the Menendez family to hear their plea for the brothers’ release.

Gascón, a criminal justice reformer, did not address the brothers’ petition for habeas corpus during his time in office. He pursued a different route, finding that the brothers had been sufficiently rehabilitated to warrant a sentence reduction that would trigger parole eligibility.

At the press conference, Hochman said his office is still evaluating the question of rehabilitation. However, in December, he removed the two deputies, Nancy Theberge and Brock Lunsford, who had overseen the case in the Gascón administration. Those attorneys have since filed claims against the county, arguing they were unlawfully transferred due to their good-faith belief that the brothers deserved resentencing.

Judge Michael V. Jesic is due to hold a hearing on the resentencing request on March 20-21. The Menendez defense team, led by Mark Geragos, is expected to ask the court to reduce the brothers’ sentence regardless of the D.A.’s position on the issue.

Lyle and Eric Menendez have been incarcerated for 35 years. They were convicted of first-degree murder in 1996, and sentenced to life without parole, after a jury decided not to give them the death penalty. They exhausted their appeals in 2005 when the 9th Circuit Court of Appeal upheld their convictions.

Last September, Netflix released a Ryan Murphy series, “Monsters: The Lyle and Erik Menendez Story,” which attracted press attention and calls for Gascón to respond to the habeas petition. Gascón ultimately concluded that the brothers “have paid their debt to society.”

The brothers have also sought clemency from Gov. Gavin Newsom, who has previously said he will defer to Hochman.