Menendez brothers' latest bid for freedom denied

Menendez Brothers: What's next for Erik and Lyle after being denied parole

Convicted murderers Erik and Lyle Menendez are rethinking their strategy for release after both were denied parole last week. Two separate parole panels ruled they should stay behind bars ? citing disciplinary violations and questions about their behavior. Their attorney Mark Geragos speaks to FOX 11 about what?s next for the brothers.

LOS ANGELES - After decades, the Menendez brothers' quest for a new trial has hit a dead end. 

What we know:

On Monday, Los Angeles Superior Court Judge William Ryan issued a ruling rejecting a habeas corpus petition filed by the brothers' attorneys, Mark Geragos and Cliff Gardner, in May 2023.

The petition argued that two new pieces of evidence they contend corroborate the brothers' allegations of long-term sexual abuse at the hands of their father -- a letter allegedly written by Erik Menendez to his cousin Andy Cano in early 1989 or late 1988, and recent allegations by Roy Rosselló, a former member of the boy band Menudo, that he too was sexually abused by Jose Menendez as a teenager.

PREVIOUS COVERAGE: Menendez brothers: See a timeline of the murder case

The attorneys 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."

The attorneys added that "newly discovered evidence directly supports the defense presented at trial and just as directly undercuts the state's case."

Why was evidence rejected? 

The other side:

Ryan ruled that the new evidence likely would not have resulted in a different decision by a jury.

During a press conference Tuesday, LA County District Attorney Nathan Hochman said the new evidence didn't meet the procedural requirements to be considered for a new trial. 

He added that one of the requirements is that the evidence must be new. Hochman explained that the letter was from 1988 and was never mentioned in court before.  

"Andy Kano did not testify to this letter, or its existence, in two different trials. So, we argued that it didn't meet the new qualification. We said it wasn't timely. They had this letter 35 years ago. To be timely, generally, for a habeas petition, you have to file the motion within five years of discovering the new evidence," Hochman stated. 

Menendez Brothers' new trial denied, DA explains reason why

LA County DA Nathan Hochman discusses a judge's ruling denying a new trial for Erik and Lyle Menendez.

"What we said about the Roy Rosselló declarations we made the same arguments, that it effectively wasn't timely. It wasn't new, it was incredible, but especially it wasn't admissible. Because the new evidence has to be admissible, but how can something that occurred back in 1983 or 1984, which each Menendez brothers said they had no idea existed, how could that have influenced whether or not the Menendez brothers decided to kill their parents in a premeditated and deliberate fashion in 1989."

Brothers denied parole 

The backstory:

Last month, Lyle and Erik Menendez were both denied parole in separate hearings. 

A panel of two commissioners denied Lyle parole for three years after a daylong hearing. Commissioners noted the older brother still displayed "anti-social personality traits like deception, minimization and rule-breaking that lie beneath that positive surface."

PREVIOUS COVERAGE: Erik, Lyle Menendez denied parole 30+ years after killing parents

Erik, who is being held at the same prison as his brother in San Diego, was denied parole a day beforehand after commissioners determined his misbehavior in prison made him still a risk to public safety.

The brothers were sentenced to life in prison in 1996 for fatally shooting their father, Jose Menendez, and mother, Kitty Menendez, in their Beverly Hills mansion nearly 36 years ago on Aug. 20, 1989. 

While defense attorneys argued that the brothers acted out of self-defense after years of sexual abuse by their father, prosecutors said the brothers sought a multimillion-dollar inheritance.

A judge reduced their sentences in May, and they became immediately eligible for parole. The parole hearings marked the closest they have come to winning freedom since their convictions almost 30 years ago.

PREVIOUS COVERAGE: Menendez Brothers: Why were Erik and Lyle denied parole?

What's next:

Hochman said the brothers could appeal the judge's decision. They could still be granted clemency by Gov. Gavin Newsom if he wishes to do so. 

The brothers both received three-year denials from the California state parole board. 

They will likely be considered for administrative review within one year and have another hearing as soon as 18 months.

PREVIOUS COVERAGE: Menendez brothers parole hearings decision after decades in prison for parents’ 1989 murders