Menendez Brothers' conviction faces scrutiny as judge rules in favor of habeas corpus petition

Menendez Brothers now eligible for parole

In a legal drama that's captivated the nation for decades, a California judge has resentenced the Erik and Lyle Menendez.

LOS ANGELES - A judge has ruled in favor of a habeas corpus petition for Erik and Lyle Menendez, which could be the next step toward potentially freeing the Menendez Brothers from prison.

The brothers have been serving life sentences for the 1989 murders of their parents, José and Kitty Menendez. 

What we know:

Superior Court Judge William C. Ryan made the ruling earlier this week. In that decision, Ryan ruled that two new pieces of evidence brought forth by the brothers' lawyers make them entitled to have their case reviewed. Ryan said that the evidence "would have more likely than not changed the outcome of their second trial."

He ordered Los Angeles County District Attorney Nathan Hochman and his team to show cause as to why the brothers don't deserve to have the case looked at.

The backstory:

The Menendez brothers have been serving life sentences since 1989 for the murder of their parents. In their two trials in the ‘90s, the brothers’ lawyers argued that the killings were self-defense, after years of sexual abuse suffered at the hands of their father, José.

Menendez brothers' parole hearing pushed back

Erik and Lyle Menendez's parole hearing has been pushed back from the original June 2025 dates to late August 2025.

In 2023, lawyers submitted what they said were two new pieces of evidence corroborating their claims of José's sexual abuse. The first was a letter that Erik Menendez sent to his cousin Andy Cano in 1989, complaining about being sexually abused by his dad months before the killings. Attorneys said Cano's mom found the letter just nine years ago. The second piece of evidence was a sworn statement from Roy Rossello, a member of the band Menudo, in which he claimed José Menendez sexually assaulted him in the '80s. José was an entertainment executive.

RELATED:

• Menendez brothers: LA DA opposes retrial, questions new evidence, abuse claims
• Menendez Brothers: Gascón reveals 'new evidence' letter that led to case review

This evidence convinced former LA County DA George Gascón to review the case for potential resentencing. But months later, his successor Nathan Hochman recommended against a new trial for the brothers, specifically calling the alleged letter into doubt.

In May, a judge resentenced the Menendez brothers, dropping their sentence from life without the possibility of parole to 50 years to life — making them eligible for parole.

What's next:

Hochman and his team have 30 days from the judge's ruling to show why the Menendez brothers shouldn't be granted habeas corpus relief.

SUGGESTED: Menendez brothers resentenced, now eligible for parole

The brothers will also have a parole hearing on Aug. 21 and 22.