In opposing a new trial for the Menendez brothers in the killing of their parents, Los Angeles County Dist. Atty. Nathan Hochman cited an issue that has dogged the defendants since the early days of the case.
Here is what we know based on Times coverage:
‘Lies and deceptions’
Hochman cited what he described as a pattern of “lies and deception” before and during the court hearings, including the Menendez brothers’ changing versions of events around the killings.
The brothers had mentioned the possibility that their parents were targeted by the mafia, solicited a friend to claim that Jose Menendez had raped her, and had not initially mentioned what they said was a history of sexual abuse by their father.
“Erik and Lyle Menendez had told five different versions of what happened,” Hochman said.
Their new attempt at freedom is based on what the defendants say is new evidence backing up their sex abuse claims.
A habeas corpus petition filed on behalf of the brothers in Los Angeles County Superior Court in 2023 cited a 1988 letter sent from Erik Menendez to his cousin saying that he had been abused late into his teen years and allegations made by another man, Roy Rosselló, saying he had been raped when he was a teen by Jose Menendez.
Hochman said Friday the court should deny the habeas petition and not grant the brothers a new trial because the act of murder was the issue in the conviction, not the sexual abuse allegations.
He cited statements from a defense attorney from the initial trials who said sexual abuse was not a justification for murder. He said the brothers needed to have an imminent fear their parents would kill them over the sexual abuse revelations for the killings to be considered self-defense.
Legal analysis
Neama Rahmani, a former federal prosecutor, said the door is still open to resentencing based on rehabilitation. Hochman said he will revisit the issue of resentencing in “the coming weeks.”
“But given that Hochman talked at length about the Menendez brothers’ lies, I think this is less likely,” Rahmani said. “Although Hochman said he has not made a decision on resentencing, reading the tea leaves, I’m guessing he will oppose.”
The 1989 killing of Jose and Kitty Menendez inside the family’s Beverly Hills home, and the highly publicized trials that followed, sparked documentaries, films and a recent television series on Netflix that have renewed public interest in the case decades later.
Louis Shapiro, a defense attorney, said the announcement made clear that Hochman “won’t entertain weak arguments from Netflix watchers.”
“He is saying they follow the law pure and simple,” Shapiro said. “His demeanor and tone tells you he is not sympathetic to the Menendez brothers’ cause.”
Background
In 1989, Erik and Lyle Menendez bought a pair of shotguns with cash, walked into their Beverly Hills home and shot their parents while they watched a movie in the family living room. Prosecutors said Jose Menendez was struck five times, including in the back of the head, and Kitty Menendez crawled on the floor wounded before the brothers reloaded and fired a final, fatal blast.
Police initially speculated that the killings were a mafia hit based on the gruesome scene. The brothers were charged with murder after Erik, who was then 18 years old, confessed the killings to his therapist in March 1990.
During the trial, prosecutors argued the brothers’ motive for killing their parents was rooted in greed — centered on access to their parents’ multimillion-dollar estate. The brothers’ defense attorneys countered that years of violent sexual abuse by their father preceded the shootings, justifying the killings as a form of self-defense.
The first trial ended with hung juries for each brother. In the second, allegations of abuse and supporting testimonies were restricted, and Lyle and Erik Menendez were convicted of first-degree murder in March 1996.
Reactions
A group of the brothers’ relatives, who support their release, said in a statement Friday that they were “profoundly disappointed by [Hochman’s] remarks, in which he effectively tore up new evidence and discredited the trauma they experienced.”
The Justice for Erik and Lyle Coalition, founded by relatives of the brothers, blasted Hochman’s comments, and said the top prosecutor brushed aside the brothers’ allegations.
“Abuse does not exist in a vacuum,” the group said in the statement. “To say it played no role in Erik and Lyle’s action is to ignore decades of psychological research and basic human understanding.”
What’s next
The next big decision now focuses on whether the brothers could be resentenced.
Gov. Gavin Newsom has said he won’t make a clemency decision on the murder convictions until after Hochman reviews the case.
