jose menendez

A judge has rejected Erik and Lyle Menendez’s petition for a new trial, ruling that additional evidence that they suffered sexual abuse at their father’s hands would not have changed the outcome of the trial that has put them in prison for more than 35 years for gunning down their parents.

The ruling, handed down by Los Angeles County Superior Court Judge William C. Ryan on Monday, is the latest blow to the brothers’ bid for release. Both were denied parole during lengthy hearings in late August.

A habeas corpus petition filed on behalf of the brothers in 2023 argued they should have been able to present additional evidence at trial that their father, Jose Menendez, was sexually abusive.

The new evidence included a 1988 letter that Erik Menendez sent to his cousin, Andy Cano, saying he was abused into his late teens. There were also allegations made by Roy Rosselló, a former member of the boy band Menudo, who claimed Jose Menendez raped him.

The brothers have long argued they were in fear for their lives that their father would keep abusing them, and that their parents would kill them to cover up the nightmarish conditions in their Beverly Hills home.

Prosecutors contended the brothers killed their parents with shotguns in 1989 to get access to their massive inheritance, and have repeatedly highlighted Erik and Lyle’s wild spending spree in the months that followed their parents’ deaths. .

“Neither piece of evidence adds to the allegations of abuse the jury already considered, yet found that the brothers planned, then executed that plan to kill their abusive father and complicit mother,” Ryan wrote. “The court finds that these two pieces of evidence presented here would have not have resulted in a hung jury nor in the conviction of a lesser instructed offense.”

Ryan agreed with Los Angeles County Dist. Atty. Nathan Hochman that the petition should not grant the brothers a new trial because the abuse evidence would not have changed the fact that the brothers planned and carried out the execution-style killings in the family living room.

Ryan wrote the new evidence would not have resulted in the trial court proceeding differently because the brothers could not show they experienced a fear of “imminent peril.”

A spokesperson for the group of more than 30 Menendez relatives who have been fighting for the brothers’ release did not immediately respond to a request for comment. A spokesman for the district attorney’s office was not immediately available for comment.

The gruesome killings occurred after the brothers used cash to buy the shotguns and attacked their parents while they watched a movie in the family living room.

Prosecutors said Jose Menendez was struck five times with shotgun blasts, including in the back of the head, and Kitty Menendez crawled on the floor wounded before the brothers reloaded and fired a final, fatal blast.

The petition rejected this week was one of three paths the Menendez legal team has pursued in seeking freedom for the brothers. Another judge earlier this year resentenced them to 50 years to life for the murders, making them eligible for parole after they were originally sentenced to life in prison.

Both were denied release at their first parole hearing, but could end up before the state panel again in as soon as 18 months. Clemency petitions are also still pending before Gov. Gavin Newsom.

The first trial ended with hung juries for each brother. In the second, allegations of abuse and supporting testimonies were restricted, and Lyle and Erik Menendez were convicted of first-degree murder in March 1996.

The resentencing hearing for brothers Erik and Lyle Menendez kicked off Tuesday morning with emotional testimony from family members, one of whom testified in court that they should be freed from prison for the shotgun killing of their parents more than 30 years ago.

Annmaria Baralt, often wiping away her tears, testified that the relatives of victims Jose and Kitty Menendez want a judge to give the brothers a lesser sentence than life without parole for the 1989 murders inside their Beverly Hills mansion.

“Yes, we all on both sides of the family say 35 years is enough,” she told Los Angeles Superior Court Judge Michael Jesic in a Van Nuys courtroom. “They are universally forgiven by both sides of their families.”

Baralt, whose mother was Jose Menendez’s older sister, said the family had endured decades of pain from the scrutiny of the murders.

“From the day it happened… it has been a relentless examination of our family in the public eye,” she said, beginning to cry. “It has been torture for decades.” She said the family was the butt of repeated jokes on “Saturday Night Live” and lived like outcasts who wore a “scarlet M.”

The Menendez brothers have been in prison for more than 35 years after being sentenced to life without the possibility of parole in the gruesome 1989 murders. The brothers bought shotguns with cash and opened fire as their mother and father watched a movie. Jose Menendez was shot five times, including in the kneecaps and the back of the head. Kitty Menendez crawled on the floor, wounded, before one of the brothers reloaded and fired a fatal blast, jurors heard at their two trials.

On the stand Tuesday, Baralt echoed the brothers’ justification for killing their parents — saying it was out of fear their father was going to kill them to cover up his past sexual abuse of the boys.

She told the judge that she believes they have changed and are “very aware of the consequences of their actions.”

“I don’t think they are the same people they were 30 years ago,” she said.

If Jesic agrees to resentence them, the brothers would become eligible for parole under California’s youthful offender law, since the murders happened when they were under 26. If the judge sides with Los Angeles Dist. Atty. Nathan Hochman, they would still have a path to freedom through Gov. Gavin Newsom, who is weighing a clemency petition. Regardless, Erik and Lyle would still have to appear before the state parole board before they could walk free. Jesic on Tuesday emphasized that the bar to keep them from being resentenced is high, and that they would have to still pose a serious danger to the public.

Prosecutor Habib Balian spent the morning trying to punch holes in the brothers’ relatively clean reputations they’ve gotten behind bars.

Under cross-examination, Baralt admitted that she never thought her cousins were capable of killing their parents until they’d done it, and that prior to their criminal trial decades ago, Lyle Menendez had asked a witness to lie for him on the stand.

Nearly two dozen of the brothers’ relatives, including several who testified Tuesday, formed the Justice for Erik and Lyle Coalition to advocate for their release as interest in the case reignited in recent years. The release of a popular Netflix documentary on the murder, which included the unearthing of additional documentation of Jose Menendez’s alleged sexual abuse, helped fuel a motion for a new trial.

The family has become increasingly public in its fight for Erik and Lyle’s release after Hochman opposed his predecessor’s recommendation to re-sentence them. They have repeatedly accused Hochman of bias against the brothers, called for him to be disqualified from the case and alleged he intimidated and bullied them during a private meeting. Hochman has denied all accusations of bias and wrongdoing, and says he simply disagrees with their position.

Kitty Menendez’s brother, Milton, was the only member of the family opposed to Erik and Lyle’s release, but he died earlier this year. Kathy Cady, who served as his victims’ rights attorney, is now the head of Hochman’s Bureau of Victims’ Services, another point of aggravation for the relatives fighting for the brothers release.