Latest news with #MenendezBrothers
Fox News
9 hours ago
- Fox News
Another Legal Win For Erik And Lyle Menendez
Last week, Judge William Ryan ordered that the state must explain why key pieces of evidence were excluded from the murder trial of Erik and Lyle Menendez. The evidence in question includes a letter allegedly written by Erik Menendez detailing the alleged sexual abuse he experienced from his father, as well as an affidavit by a former boy band member who claimed he was raped by José Menendez at the age of 14. FOX News Legal Analyst Gregg Jarrett explains what the development means for the Menendez brothers as they await their parole hearing in August. Follow Emily on Instagram: @realemilycompagno If you have a story or topic we should feature on the FOX True Crime Podcast, send us an email at: truecrimepodcast@ Learn more about your ad choices. Visit
Fox News
2 days ago
- Fox News
Menendez brothers bank on new trial as backup if parole bid fails
The infamous killer Menendez brothers, who brutally slayed their parents with a shotgun inside their Beverly Hills home more than 35 years ago, have an entirely new path to freedom after a judge's order last week. Brian Wice is a Houston-based post-conviction attorney who says that the brothers scored a new victory that is completely separate from their current bid for parole. "If habeas relief is granted, this is not a resentencing," Wice told Fox News Digital. "This is an entirely new trial." "My understanding is that the relief that they have sought is an entirely new trial, because they claim that with this newly discovered, newly available evidence that there's a reasonable probability, and that's the test — not a certainty — a reasonable probability the outcome would have been different," he said. Erik and Lyle Menendez were convicted and sentenced to life without parole in a bloody shotgun massacre that left their parents, Jose and Mary "Kitty" Menendez dead. Jose was shot six times, and Kitty 10. They have spent more than 35 years in jail for the slayings in a case that captivated the world. In March 2023, the brothers filed a habeas petition claiming that evidence was forbidden from being presented at their trial. That evidence, they say, would have led a jury to find them not guilty. About eight months before the double-homicide, Erik allegedly wrote a letter to his cousin, Andy Cano, claiming that Jose had sexually abused him and Lyle. Further, an affidavit from Roy Rossello, a member of a boy band called Menudo, claimed Jose, who was a record executive, raped him when he was a 14-year-old boy in 1983 or 1984. Rossello made the claim almost 40 years after the alleged rape. If that information had been available to a jury, the brothers claim, they would not have been convicted. They also contend that the letter and the affidavit constitute new evidence that must be considered. In an informal response to that petition, filed by Los Angeles County District Attorney Nathan Hochman's office in February of this year, prosecutors denied that the letter and the affidavit constituted new evidence. They said that the Cano letter was "untimely." They also said the Rossello affidavit was "inadmissible, immaterial, and lacks credibility." Still, on July 8, Los Angeles County Superior Court Judge William C. Ryan, said that the letter and the affidavit constituted a prima facie showing that the brothers are entitled to habeas relief, and ordered Hochman's office to respond to the claim and explain why the brothers should not be granted the relief. Wice stressed that it's not an easy path forward for the brothers, and that a new trial is the light at the end of a long tunnel. "Essentially, this is your last ditch, all hands on deck, let's see what we can do to create a miracle, kind of context," he said. If the trial judge were to grant the habeas petition in favor of the brothers, vacating their conviction, that decision would then be reviewed by the California Court of Appeals, and after that, the California Supreme Court, Wice said. Either of those entities could say the trial judge erred in his or her decision, and refuse the brothers' opportunity for a new trial. "They're in a position to win, and like I said, in the context of habeas, it's survive and advance," Wice said, using a basketball analogy. "They survive and advance to another round. Are they going to cut down? Who knows?" Meanwhile, the brothers will appear before a parole board and plead their case for freedom in August. They were resentenced from life without parole to fifty years with the possibility of parole in May. Fox News Digital reached out to Los Angeles County District Attorney Nathan Hochman's office for comment.
Washington Post
3 days ago
- Washington Post
Judge orders LA prosecutors to explain why Menendez brothers' conviction shouldn't be re-examined
LOS ANGELES — A judge has ordered Los Angeles prosecutors to explain why Erik and Lyle Menendez's murder convictions should not be re-examined in light of new evidence supporting their claims of sexual abuse by their father. The July 7 order by LA County Superior Court Judge William Ryan was in response to a habeas corpus petition filed by the Menendez brothers in May 2023 seeking a review of their 1996 convictions for the killings of their parents based on new evidence.
Yahoo
3 days ago
- Yahoo
Judge orders LA prosecutors to explain why Menendez brothers' conviction shouldn't be re-examined
LOS ANGELES (AP) — A judge has ordered Los Angeles prosecutors to explain why Erik and Lyle Menendez's murder convictions should not be re-examined in light of new evidence supporting their claims of sexual abuse by their father. The July 7 order by LA County Superior Court Judge William Ryan was in response to a habeas corpus petition filed by the Menendez brothers in May 2023 seeking a review of their 1996 convictions for the killings of their parents based on new evidence. The brothers were convicted of murdering their father, Jose Menendez — a powerful record executive — and their mother, Kitty Menendez, in their Beverly Hills home in 1989. While defense attorneys argued the brothers acted out of self-defense after years of sexual abuse by their father, prosecutors said the brothers killed their parents for a multimillion-dollar inheritance. Their first trials resulted in hung juries. At the second trial for both brothers, the judge excluded a substantial amount of evidence, including testimony from several family members who witnessed or heard about the abuse. The brothers were convicted and sentenced to life in prison without parole. In May, a judge reduced their sentences to 50 years to life in response to a resentencing petition, making them eligible for parole. They will appear before the state parole board in August. The new evidence included a newly discovered letter from Erik Menendez to his cousin Andy Cano in which he describes being abused by his father, and a declaration from Menudo boy band member Roy Rossello that he was raped by Jose Menendez in the 1980s. While prosecutors argued that the evidence was untimely and inadmissible, Ryan sided with the Menendez brothers, saying they had provided sufficient proof of why the evidence could have changed the outcome of their convictions. The Los Angeles County District Attorney's office now has 30 days to explain why the brothers should not be granted habeas corpus relief. There are several possible outcomes if the judge grants relief, including reduced sentences, a new trial, or even release from prison.
Associated Press
3 days ago
- Associated Press
Judge orders LA prosecutors to explain why Menendez brothers' conviction shouldn't be re-examined
LOS ANGELES (AP) — A judge has ordered Los Angeles prosecutors to explain why Erik and Lyle Menendez's murder convictions should not be re-examined in light of new evidence supporting their claims of sexual abuse by their father. The July 7 order by LA County Superior Court Judge William Ryan was in response to a habeas corpus petition filed by the Menendez brothers in May 2023 seeking a review of their 1996 convictions for the killings of their parents based on new evidence. The brothers were convicted of murdering their father, Jose Menendez — a powerful record executive — and their mother, Kitty Menendez, in their Beverly Hills home in 1989. While defense attorneys argued the brothers acted out of self-defense after years of sexual abuse by their father, prosecutors said the brothers killed their parents for a multimillion-dollar inheritance. Their first trials resulted in hung juries. At the second trial for both brothers, the judge excluded a substantial amount of evidence, including testimony from several family members who witnessed or heard about the abuse. The brothers were convicted and sentenced to life in prison without parole. In May, a judge reduced their sentences to 50 years to life in response to a resentencing petition, making them eligible for parole. They will appear before the state parole board in August. The new evidence included a newly discovered letter from Erik Menendez to his cousin Andy Cano in which he describes being abused by his father, and a declaration from Menudo boy band member Roy Rossello that he was raped by Jose Menendez in the 1980s. While prosecutors argued that the evidence was untimely and inadmissible, Ryan sided with the Menendez brothers, saying they had provided sufficient proof of why the evidence could have changed the outcome of their convictions. The Los Angeles County District Attorney's office now has 30 days to explain why the brothers should not be granted habeas corpus relief. There are several possible outcomes if the judge grants relief, including reduced sentences, a new trial, or even release from prison.
