Los Angeles’ newly-elected District Attorney Nathan Hochman said on Friday that he has asked the court to reject the Menendez brothers’ request for a new trial.
This comes months after former District Attorney George Gascon cited new evidence in the form of a letter suggesting the brothers may have been abused by their father as a reason for a new trial.
Hochman cited issues with the evidence, claiming it didn’t meet the standard for a new trial.
“We looked again at the credibility of the letters, particularly this Andy Cano 1988 supposed letter weighed in the continuum of lies, and it calls into drastic question whether this is in fact a 1988 letter written by Erik Menendez to Andy Cano about this sexual abuse,” Hochman said in a Friday press conference.
The letter was allegedly written eight months before the murders of their parents, Jose and Kitty Menendez, in 1989 by Erik Menendez to his cousin Andy Cano, and detailed alleged sexual abuse by their father.
The letter wasn’t found until several years ago, the Menendez brothers’ attorney said.
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Hochman added, “Again, even if it is, it’s not timely because it was not presented at the time of trial, they substantially delayed in bringing this motion from at least 2015 to 2023, and in certain respects it’s also not admissable, which is why we conclude in our informal response that the court should deny the current habeas petition by the Menendez brothers. And if the court decides not to deny it at this point, the next move for the court is to order what’s called an order to show cause.”
He said his office would refile his reasons again in response to an order to show cause, and “the Menendezes can reply and the court can rule at that point or have a hearing in the habeas matter.”
Hochman also noted that California Gov. Gavin Newsom has the clemency petition on his desk and “he can do whatever he wants, whenever he wants, and we will be dealing in the next couple of weeks with the resentencing issue.”
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Lyle and Erik Menendez were found guilty in the 1989 killing of their parents and sentenced to life in prison without parole.
