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The July 7 order by LA County Superior Court Judge William Ryan
was in response to a habeas corpus petition filed by the
Menendez brothers in May 2023 seeking a review of their 1996
convictions for the killings of their parents based on new
evidence.
The brothers were convicted of murdering their father, Jose
Menendez — a powerful record executive — and their mother, Kitty
Menendez, in their Beverly Hills home in 1989. While defense
attorneys argued the brothers acted out of self-defense after
years of sexual abuse by their father, prosecutors said the
brothers killed their parents for a multimillion-dollar
inheritance.
Their first trials resulted in hung juries. At the second trial
for both brothers, the judge excluded a substantial amount of
evidence, including testimony from several family members who
witnessed or heard about the abuse. The brothers were convicted
and sentenced to life in prison without parole.
In May, a judge reduced their sentences to 50 years to life in
response to a resentencing petition, making them eligible for
parole. They will appear before the state parole board in
August.
The new evidence included a newly discovered letter from Erik
Menendez to his cousin Andy Cano in which he describes being
abused by his father, and a declaration from Menudo boy band
member Roy Rossello that he was raped by Jose Menendez in the
1980s.
While prosecutors argued that the evidence was untimely and
inadmissible, Ryan sided with the Menendez brothers, saying they
had provided sufficient proof of why the evidence could have
changed the outcome of their convictions.
The Los Angeles County District Attorney's office now has 30
days to explain why the brothers should not be granted habeas
corpus relief.
There are several possible outcomes if the judge grants relief,
including reduced sentences, a new trial, or even release from
prison.
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