Menendez Brothers Bank On New Trial As Backup If Parole Bid Fails

The infamous slayer Menendez brothers, who brutally slayed their parents pinch a shotgun wrong their Beverly Hills location much than 35 years ago, person an wholly caller way to state aft a judge's bid past week. 

Brian Wice is simply a Houston-based post-conviction lawyer who says that nan brothers scored a caller triumph that is wholly abstracted from their current bid for parole. 

"If habeas alleviation is granted, this is not a resentencing," Wice told Fox News Digital. "This is an wholly caller trial."

Trial of nan Menendez brothers successful Los Angeles - From near to correct : Erik Menendez pinch his attorney: Leslie Abramson and his relative Lyle Menendez. Los Angeles, 9th March 1994.  (Ted Soqui/Sygma via Getty Images)

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"My knowing is that nan alleviation that they person sought is an wholly caller trial, because they declare that pinch this recently discovered, recently disposable grounds that there's a reasonable probability, and that's nan trial — not a certainty — a reasonable probability nan result would person been different," he said.

Erik and Lyle Menendez were convicted and sentenced to life without parole successful a bloody shotgun massacre that near their parents, Jose and Mary "Kitty" Menendez dead. Jose was changeable six times, and Kitty 10.  

They person spent much than 35 years successful jailhouse for nan slayings successful a lawsuit that captivated nan world.

In March 2023, nan brothers revenge a habeas petition claiming that grounds was forbidden from being presented astatine their trial. That evidence, they say, would person led a assemblage to find them not guilty. 

This operation of 2 booking photos provided by nan California Department of Corrections shows Erik Menendez, left, and Lyle Menendez.  (California Dept. of Corrections via AP, File)

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About 8 months earlier nan double-homicide, Erik allegedly wrote a letter to his cousin, Andy Cano, claiming that Jose had sexually abused him and Lyle. 

Further, an affidavit from Roy Rossello, a personnel of a boy set called Menudo, claimed Jose, who was a grounds executive, raped him erstwhile he was a 14-year-old boy successful 1983 aliases 1984. Rossello made nan declare almost 40 years aft nan alleged rape. 

If that accusation had been disposable to a jury, nan brothers claim, they would not person been convicted. They besides contend that nan missive and nan affidavit represent caller grounds that must beryllium considered. 

In an informal consequence to that petition, revenge by Los Angeles County District Attorney Nathan Hochman's agency successful February of this year, prosecutors denied that nan missive and nan affidavit constituted caller evidence. They said that nan Cano missive was "untimely." They besides said nan Rossello affidavit was "inadmissible, immaterial, and lacks credibility." 

Los Angeles District Attorney, Nathan Hochman extracurricular of tribunal successful Los Angeles, California, connected Friday, May 9, 2025. (Derek Shook for Fox News Digital)

Still, connected July 8, Los Angeles County Superior Court Judge William C. Ryan, said that nan missive and nan affidavit constituted a prima facie showing that nan brothers are entitled to habeas relief, and ordered Hochman's agency to respond to nan declare and explicate why nan brothers should not beryllium granted nan relief. 

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Wice stressed that it's not an easy way guardant for nan brothers, and that a caller proceedings is nan ray astatine nan extremity of a agelong tunnel. 

"Essentially, this is your past ditch, each hands connected deck, let's spot what we tin do to create a miracle, benignant of context," he said.

If nan proceedings judge were to assistance nan habeas petition successful favour of nan brothers, vacating their conviction, that determination would past beryllium reviewed by nan California Court of Appeals, and aft that, nan California Supreme Court, Wice said. Either of those entities could opportunity nan proceedings judge erred successful his aliases her decision, and garbage nan brothers' opportunity for a caller trial. 

"They're successful a position to win, and for illustration I said, successful nan discourse of habeas, it's past and advance," Wice said, utilizing a hoops analogy. "They past and beforehand to different round. Are they going to trim down? Who knows?"

Attorney Mark Geragos extracurricular of tribunal for nan resentencing proceeding for Erik and Lyle Menendez successful Van Nuys, CA, Tuesday, May 13, 2025. (Derek Shook for Fox News Digital)

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Meanwhile, nan brothers will look earlier a parole committee and plead their lawsuit for state successful August. They were resentenced from life without parole to 50 years pinch nan anticipation of parole successful May. 

Fox News Digital reached retired to Los Angeles County District Attorney Nathan Hochman's agency for comment.