Menendez brothers push to overturn murder convictions – NBC 7 San Diego

Prosecutors were expected to respond Tuesday to Erik and Lyle Menendez’s petition regarding their efforts to appeal their 1996 murder convictions.

Tuesday is the court-imposed deadline for the L.A. County District Attorney’s Office to brief the brothers’ petition for writ of habeas corpus.

The petition argues that the convictions and life sentences without the possibility of parole for fatally shooting his parents are unconstitutional in light of new evidence.

One piece of evidence is a letter Erik Menendez allegedly wrote to his cousin several months before his parents were shotgunned to death, discussing childhood sexual abuse by Erik’s father, Jose Menendez.

“I lie awake every night thinking Jose might break in,” Erik wrote in a letter to his cousin Andy Cano. “(Jose) is crazy! “He warned me a hundred times not to tell anyone about this, especially Lyle.”

It’s unclear what the District Attorney’s Office’s response will be. Current District Attorney George Gascón will have left the office in early December after losing his re-election bid against Nathan Hochman.

In addition to their efforts to overturn the murder conviction, the brothers’ defense attorneys are also seeking remorse for the brothers’ allegations of sexual abuse by their own father and their good behavior in prison.

Current Prosecutor George Gascón The prosecutor had recommended that the brothers’ sentences be commuted, meaning they would be eligible for immediate parole. But since Gascón will be vacating the prosecutor’s office within a week after losing to Nathan Hochman, the judge on Monday postponed the reprimand hearing until Jan. 30 and Jan. 31.

Hochman said the delay would give him enough time to review the case.

“Judge (Michael) Jesic’s decision to continue the hearing on the motion for retrial on January 30-31 will provide me with ample time to consult with prosecutors and the law, as well as review extensive jail records, transcripts from two lengthy hearings, and numerous exhibits.” , enforcement, defense counsel, and victim family members,” Hochman said, “We look forward to thoroughly reviewing all the facts and laws to reach a fair and equitable verdict and then defending it in court.” I am waiting.”