New DA Deals Severe Blow to Menendez Brothers' Hopes. Here's How Erik and Lyle Could Still Go Free

Mar. 15, 2025

Erik and Lyle Menendez.Photo:California Dept. of Corrections via AP

California Dept. of Corrections via AP

Los Angeles County District Attorney Nathan Hochman announced that he plans to oppose theMenendez brothers’petition to vacate their conviction.

Hochman made his announcement at a press conference at the Hall of Justice in downtown Los Angeles on Friday, Feb. 21.

Despite Hochman’s opposition, the final decision about the habeas petition rests with a judge, not the district attorney. When asked if the brothers should go free, Hochman said, “It will ultimately be a court question.”

During Friday’s press conference, Hochman cast doubt on the letter’s legitimacy, saying, “It is not credible evidence.”

“Never discussed in any of the two trials when Erik Menendez testified or Andy Cano testified. And we believe it’s inconceivable,” Hochman said. “It would absolutely have come out during one or both of their testimonies.”

Hochman also argued that the Menendez brothers hadn’t known of Rosselló’s claims in 1989. “It would fail the admissibility standard,” he said. “They first found out about this over 30 years later after the killings.

Lyle, Kitty, Jose and Erik Menendez.ABC

ABC

Menendez family members condemned Hochman’s decision, contending he was “silencing survivors everywhere.”

“Our hope now rests with Judge (Michael) Jesic, that he will examine the evidence in their case without prejudice, carefully adhering to California law with modern understanding of trauma.”

Gascón announced his plan to recommend that Lyle and Erik each be resentenced to 50 years to life.

Based on their age at the time of the murders, the brothers would be eligible for parole immediately.

Gascón said that the brothers had “paid their debt to society” and, while in prison created groups to address untreated trauma and helped inmates with physical disabilities.

However, after Gascón lost his bid for reelection, Hochman said in January that he still had not made up his mind about whether he planned to withdraw the resentencing motion, proceed with it, or modify it. At Friday’s press conference, he said he’s still undecided on the resentencing motion.

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Trial of the Menendez brothers in Los Angeles.Ted Soqui/Sygma via Getty

Ted Soqui/Sygma via Getty

A resentencing hearing is scheduled to begin on March 20.

Lyle was 21 and Erik was 18 when they fatally shot their parents using 12-gauge shotguns in the den of their Beverly Hills, Calif., home on Aug. 20, 1989.

Prosecutors at the time said the two brothers’ motive was greed and cited their lavish spending spree after the slayings.

In 1996, three years after their first trial ended in a deadlock, the siblings were convicted of the first-degree murders and subsequently sentenced to life in prison without the possibility of parole.

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source: people.com