A Los Angeles judge has rejected a ‘last-ditch’ legal challenge to Erik and Lyle Menendez’s murder convictions, ruling Monday the brothers have failed to show enough evidence that their murder convictions were unjust and they deserve a new trial.
LA Superior Court Judge William Ryan’s decision to deny the writ of habeas corpus was detailed in a 17-page summary of a hearing that explains why he’s decided two items of alleged new evidence, upon which the brothers relied, did not meet the legal threshold for granting such a petition.
“The court finds that these two pieces of evidence presented here would not have resulted in a hung jury, nor in the conviction of a lesser instructed offense,” Judge Ryan said.
“Neither piece of newly discover [sic] evidence is particularly strong,” Ryan continued. “The evidence alleged here is not so compelling that it would have produced a reasonable doubt in the mind of at least one juror or supportive of an imperfect self-defense instruction.”
The habeas petition was the first of three paths the Menendez legal team pursued in efforts to get the brothers released from prison and was considered the least likely to succeed.
Earlier this year a different judge resentenced each of the brothers to 50-years-to-life for the 1989 shotgun killings of their parents, Jose and Kitty Menendez, based largely on their record of conduct while in prison, making them eligible for parole hearings.
Both were denied parole for three years following hearings last month.
Still unanswered are the brothers’ requests for clemency sent to California Gov. Gavin Newsom.
The Menendez brothers filed the habeas petition in May 2023, citing a letter that could potentially confirm that Erik Menendez was the victim of sexual abuse by his father, Jose, and the account of a former member of the band Menudo, who alleged that Jose had sexually abused him when he was a teenager in the early 1980s.
“In short the new evidence not only shows that Jose Menendez was very much a violent and brutal man who would sexually abuse children, but it strongly suggests that — in fact — he was still abusing Erik Menendez as late as December 1988. Just as the defense had argued all along,” the 2023 petition said.
If true Menendez attorneys Mark Geragos and Cliff Gardner argued the information, if it was presented to the jury, could have changed the outcome of the brothers’ murder trial, as one or both items could have supported the idea of an imperfect self-defense in the killings of their parents.
“Had jurors seen the letter Erik Menendez wrote to Andy Cano, and learned that Jose Menendez anally raped and orally copulated a 13 or 14 year-old boy in 1984, the prosecutor would not have been able to argue that “the abuse never happened,” “[t]here is no corroboration of sexual abuse,” Jose Menendez was not the “kind of man that would” abuse children and was “not a violent and brutal man,” they wrote in the petition.
The LA County District Attorney’s Office responded to the petition Aug. 7, in which DA Nathan Hochman argued the court should be skeptical of the abuse claims and the alleged discovery of the letter.
“There are few murder cases in which the evidence of planning and premeditation is as stark as that presented in this case,” the DA’s response began. “Petitioners confessed on tape to murdering their parents, revealing the extent of their forethought and deliberation.”
“Petitioners have failed to justify an evidentiary hearing on any of their claims,” the response concluded. “Petitioners’ claims of allegedly “new evidence” fail the specific requirements of section 1473…petitioners do not make a showing otherwise.”