Menendez brothers' bid for new trial 'Hail Mary' effort, LA DA Hochman says
Hochman opposes new trial for Menendez brothers
The Menendez brothers don't have enough new evidence to warrant a new trial for their parents' murders, Los Angeles County District Attorney Nathan Hochman says.
LOS ANGELES - Los Angeles County District Attorney Nathan Hochman has formally opposed a petition by Erik and Lyle Menendez to be granted a new trial.
What we know:
The Menendez brothers were convicted of the shotgun killings of Jose and Mary Louise "Kitty" Menendez in their Beverly Hills home in 1989. The brothers have claimed the killings were a result of years of abuse, including alleged sexual abuse by their father.
After a re-sentencing in May by Los Angeles County Superior Court Judge Michael Jesic, the brothers became eligible for parole consideration.
Erik Menendez has a parole suitability hearing set for August 21, with Lyle Menendez's set for the following day.
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Their attorneys have also petitioned for a new trial, citing new evidence, including a letter allegedly written by Erik and recent allegations of sexual abuse by a former boy band member.
LA DA opposes Menendez bros' request for new trial
The Menendez Brothers have requested a new trial for the killing of their parents, citing new evidence. Los Angeles County District Attorney Nathan Hochman opposes a new trial. The Menendez brothers' attorney Mark Geragos responds to Hochman's stance.
What they're saying:
In a statement opposing the petition for a new trial, District Attorney Hochman said the defense's filing "does not come close to meeting the factual or legal standard to warrant a new trial."
He also said that the latest claims amount to nothing more than a "Hail Mary" effort to obtain a new trial.
In a separate filing, Deputy District Attorney Seth Carmack wrote that there are "few murder cases in which the evidence of planning and premeditation is as stark as that presented in this case."
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Carmack also added, "while sexual abuse is abhorrent and may be a motive for murder, it does not justify murder and does not negate overwhelming evidence of planning, deliberation and premeditation."
Attorneys for the brothers, Mark Geragos and Cliff Gardner, wrote that 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."
What's next:
If the parole board recommends the brothers for parole, Governor Gavin Newsom will have 90 days to review and could reject the parole grant.
The brothers' attorneys have also submitted a request for Newsom to consider granting clemency to the pair.
The Source: This report is based on information provided by official sources, including statements from Los Angeles County District Attorney Nathan Hochman and Deputy District Attorney Seth Carmack. The story also includes direct quotes and details from court filings and information from the brothers' attorneys, Mark Geragos and Cliff Gardner.