Menendez brothers’ bid for new trial rejected as killer slams judge’s decision as ‘mental gymnastics’

A California judge has denied the Menendez brothers’ bid for a new trial, marking yet another setback for the two men convicted in the 1989 shotgun murders of their parents in Beverly Hills – as one of the men took to social media to blast the “disappointing” decision. 

On Monday, a Los Angeles Superior Court judge ruled against Erik and Lyle Menendez, ultimately rejecting a 2023 habeas corpus petition filed by the brothers’ attorneys, Cliff Gardner and Mark Geragos, requesting a new trial, according to FOX 11. 

The petition argued that two new pieces of evidence support the brothers’ claims regarding years of alleged sexual abuse at the hands of their father, José Menendez. 

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The pair’s attorneys pointed to a letter allegedly written by Erik to his cousin Andy Cano in late 1988 or early 1989, along with new allegations by Roy Rosselló, a former member of the boy band Menudo, that he was also sexually abused by the elder Menendez as a teenager. 

In the filing, the attorneys insisted that the new evidence “not only shows that Jose Menendez was very much a violent and brutal man who would sexually abuse children, but it strongly suggests that — in fact — he was still abusing Erik Menendez as late as December 1988 — just as the defense had argued all along.”

However, Judge William Ryan sided with the prosecution and determined the new evidence would most likely not have resulted in a different outcome at the end of a jury trial. 

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In a Facebook post, Lyle expressed frustration with the ruling while vowing that “the fight continues.” 

“This disappointing decision does not take away from the courage of Roy Rossello or the torment that he lived through at the hands of José Menendez,” Lyle wrote. 

“To claim that another rape victim of José Menendez would not have affected the decision of at least one juror is quite the exercise in mental gymnastics. And to claim that the writing of Erik was also meaningless would likewise get a gold medal in the mental gymnastics category. Onward!” 

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During a Tuesday press conference, Los Angeles County District Attorney Nathan Hochman doubled down on the judge’s decision by corroborating that the new evidence failed to meet the requirements for a new trial, the outlet reported. 

Hochman pointed to the decades-old letter penned by Erik, stating that the item was not new and had just never been mentioned in court before. 

“Andy Kano did not testify to this letter, or its existence, in two different trials,” Hochman said. “So, we argued that it didn’t meet the new qualification. We said it wasn’t timely. They had this letter 35 years ago. To be timely, generally, for a habeas petition, you have to file the motion within five years of discovering the new evidence.” 

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The “last-ditch” attempt comes one month after both Erik and Lyle Menendez were both denied parole in separate hearings for the 1989 slaying of their parents, José and Kitty Menendez. 

The brothers, then 18 and 21, were convicted in 1996. 

Following a daylong hearing, the California Board of Parole Hearings denied Lyle parole for three years, citing a history of “anti-social personality traits like deception, minimization and rule breaking.” 

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Similarly, the board also denied parole for Erik, with Commissioner Robert Barton emphasizing the seriousness of his crimes and conduct in prison. 

“I believe in redemption, or I wouldn’t be doing this job,” Barton said. “But based on the legal standards, we find that you continue to pose an unreasonable risk to public safety.” 

The decision was the latest after a May resentencing hearing ended with Judge Michael Jesic reducing the brothers’ life-without-parole sentences to 50-to-life, ultimately deeming them eligible for parole consideration. 

Both Erik and Lyle Menendez are eligible to be reconsidered for parole in 2028. 

The Los Angeles County District Attorney’s Office and the Menendez brothers’ attorneys did not immediately respond to Fox News Digital’s request for comment. 

Fox News Digital’s Sarah Rumpf-Whitten and Stepheny Price contributed to this report.