Menendez Brothers Denied New Trial
LOS ANGELES — A judge has rejected Erik and Lyle Menendez’s petition for a new trial, ruling that additional evidence that they suffered sexual abuse at their father’s hands would not have changed the outcome of the trial that has put them in prison for more than 35 years for gunning down their parents.
The ruling, handed down by Los Angeles County Superior Court Judge William Ryan on Monday, is the latest blow to the brothers’ bid for release. Both were denied parole during lengthy hearings in late August.
The Petition for a New Trial
A habeas corpus petition filed on behalf of the brothers in 2023 argued they should have been able to present additional evidence at trial that their father, Jose Menendez, was sexually abusive.
The new evidence included a 1988 letter that Erik Menendez sent to his cousin, Andy Cano, describing how Erik was abused into his late teens. There were also allegations made by Roy Rosselló, a former member of the boy band Menudo, who alleged Jose raped him.
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The Brothers’ Argument
The brothers have long argued they were in fear for their lives that Jose would keep abusing them, and that their parents would kill them to cover up the nightmarish conditions in their Beverly Hills home.
Prosecutors contended the brothers killed their parents with shotguns in 1989 to get access to their massive inheritance, and have repeatedly highlighted Erik and Lyle’s wild spending spree in the months that followed.
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The Judge’s Ruling
“Neither piece of evidence adds to the allegations of abuse the jury already considered, yet found that the brothers planned, then executed that plan to kill their abusive father and complicit mother,” Ryan wrote. “The court finds that these two pieces of evidence presented here would have not have resulted in a hung jury nor in the conviction of a lesser instructed offense.”
Ryan agreed with Los Angeles County District Attorney Nathan Hochman that the petition should not grant the brothers a new trial because the abuse evidence would not have changed the fact that the brothers planned and carried out the execution-style killings in the family living room.
Ryan wrote the new evidence would not have resulted in the trial court proceeding differently because the brothers could not show they experienced a fear of “imminent peril.”
Previous Trials and Sentencing
The gruesome killings occurred after the brothers used cash to acquire shotguns and attacked their parents while they watched a movie in the family living room.
Prosecutors said Jose Menendez was struck five times with shotgun blasts, 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.
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Current Status and Future Prospects
The petition rejected this week was one of three paths the Menendez legal team has pursued in seeking freedom for the brothers. Another judge earlier this year resentenced them to 50 years to life for the murders, making them eligible for parole after they were originally sentenced to life in prison.
Both were denied release at their first parole hearing, but could end up before the state panel again as soon as 18 months. Clemency petitions are also still pending before Gov. Gavin Newsom.
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Conclusion
The Menendez brothers’ bid for a new trial has been rejected, with the judge ruling that new evidence of sexual abuse would not have changed the outcome of the trial. The brothers’ legal team has pursued multiple paths in seeking their release, but so far, they have been denied parole and their clemency petitions are still pending.
Frequently Asked Questions
What were the Menendez brothers convicted of?
The Menendez brothers were convicted of first-degree murder in the deaths of their parents, Jose and Kitty Menendez.
What was the motive for the killings?
Prosecutors argued that the brothers killed their parents to get access to their massive inheritance, while the brothers claimed they were in fear for their lives due to their father’s abuse.
What is the current status of the brothers’ case?
The brothers were denied parole at their first hearing, but could be eligible for another hearing in 18 months. Their clemency petitions are still pending before Gov. Gavin Newsom.
What is a habeas corpus petition?
A habeas corpus petition is a legal filing that challenges the validity of a person’s imprisonment or detention. In the Menendez brothers’ case, their petition argued that they should have been able to present additional evidence of their father’s abuse at trial.

