In opposing a brand new trial for the Menendez brothers within the killing of their mother and father, Los Angeles County Dist. Atty. Nathan Hochman cited a problem that has dogged the defendants because the early days of the case.
Here’s what we all know based mostly on Instances protection:
‘Lies and deceptions’
Hochman cited what he described as a sample of “lies and deception” earlier than and throughout the courtroom hearings, together with the Menendez brothers’ altering variations of occasions across the killings.
The brothers had talked about the likelihood that their mother and father had been focused by the mafia, solicited a buddy to assert that Jose Menendez had raped her, and had not initially talked about what they mentioned was a historical past of sexual abuse by their father.
“Erik and Lyle Menendez had informed 5 totally different variations of what occurred,” Hochman mentioned.
Their new try at freedom is predicated on what the defendants say is new proof backing up their intercourse abuse claims.
A habeas corpus petition filed on behalf of the brothers in Los Angeles County Superior Court docket in 2023 cited a 1988 letter despatched from Erik Menendez to his cousin saying that he had been abused late into his teen years and allegations made by one other man, Roy Rosselló, saying he had been raped when he was a teen by Jose Menendez.
Hochman mentioned Friday the courtroom ought to deny the habeas petition and never grant the brothers a brand new trial as a result of the act of homicide was the difficulty within the conviction, not the sexual abuse allegations.
He cited statements from a protection lawyer from the preliminary trials who mentioned sexual abuse was not a justification for homicide. He mentioned the brothers wanted to have an imminent concern their mother and father would kill them over the sexual abuse revelations for the killings to be thought-about self-defense.
Authorized evaluation
Neama Rahmani, a former federal prosecutor, mentioned the door remains to be open to resentencing based mostly on rehabilitation. Hochman mentioned he’ll revisit the difficulty of resentencing in “the approaching weeks.”
“However on condition that Hochman talked at size concerning the Menendez brothers’ lies, I believe that is much less possible,” Rahmani mentioned. “Though Hochman mentioned he has not decided on resentencing, studying the tea leaves, I’m guessing he’ll oppose.”
The 1989 killing of Jose and Kitty Menendez contained in the household’s Beverly Hills residence, and the extremely publicized trials that adopted, sparked documentaries, movies and a latest tv collection on Netflix which have renewed public curiosity within the case a long time later.
Louis Shapiro, a protection lawyer, mentioned the announcement made clear that Hochman “gained’t entertain weak arguments from Netflix watchers.”
“He’s saying they observe the regulation pure and easy,” Shapiro mentioned. “His demeanor and tone tells you he’s not sympathetic to the Menendez brothers’ trigger.”
Background
In 1989, Erik and Lyle Menendez purchased a pair of shotguns with money, walked into their Beverly Hills residence and shot their mother and father whereas they watched a film within the household lounge. Prosecutors mentioned Jose Menendez was struck 5 occasions, together with behind the pinnacle, and Kitty Menendez crawled on the ground wounded earlier than the brothers reloaded and fired a remaining, deadly blast.
Police initially speculated that the killings had been a mafia hit based mostly on the grotesque scene. The brothers had been charged with homicide after Erik, who was then 18 years previous, confessed the killings to his therapist in March 1990.
Through the trial, prosecutors argued the brothers’ motive for killing their mother and father was rooted in greed — centered on entry to their mother and father’ multimillion-dollar property. The brothers’ protection attorneys countered that years of violent sexual abuse by their father preceded the shootings, justifying the killings as a type of self-defense.
The primary trial ended with hung juries for every brother. Within the second, allegations of abuse and supporting testimonies had been restricted, and Lyle and Erik Menendez had been convicted of first-degree homicide in March 1996.
Reactions
A gaggle of the brothers’ family members, who assist their launch, mentioned in a press release Friday that they had been “profoundly disillusioned by [Hochman’s] remarks, through which he successfully tore up new proof and discredited the trauma they skilled.”
The Justice for Erik and Lyle Coalition, based by family members of the brothers, blasted Hochman’s feedback, and mentioned the highest prosecutor brushed apart the brothers’ allegations.
“Abuse doesn’t exist in a vacuum,” the group mentioned within the assertion. “To say it performed no function in Erik and Lyle’s motion is to disregard a long time of psychological analysis and primary human understanding.”
What’s subsequent
The subsequent huge resolution now focuses on whether or not the brothers might be resentenced.
Gov. Gavin Newsom has mentioned he gained’t make a clemency resolution on the homicide convictions till after Hochman evaluations the case.
