Judge orders LA prosecutors to explain why Menendez brothers’ conviction shouldn’t be re-examined

This combination of two booking photos provided by the California Department of Corrections shows Erik Menendez, left, and Lyle Menendez. (California Department of Corrections via AP, File)

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.

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.

Jaimie Ding, The Associated Press