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(NewsNation) — A California judge has ordered the Los Angeles County district attorney to provide an explanation on why crucial evidence in the Menendez brothers‘ case relating to alleged sexual abuse was withheld from the jury.
Judge William Ryan ruled that District Attorney Nathan Hochman must provide the explanation within 30 days of his ruling.
The judge cited two pieces of evidence relating to abuse Erik and Lyle Menendez allegedly suffered at the hands of their father, Jose, that were kept from the jury during the brothers’ second trial.
The first is a 1998 letter Erik Menendez wrote to his cousin, Andy Cano, which “corroborates Cano’s testimony and the sexual abuse allegations made at trial,” court documents state.
The second is a declaration from Roy Rossello, a former member of the Latin pop group Menudo, which was managed by Jose Menendez. Rossello wrote that he was drugged and raped by Jose when he was a teenager.
The brothers argued that the evidence disproves the prosecutor’s theory that Jose was “forgiving,” “not a violent and brutal man,” and “not the kind of man that would abuse his children,” according to court documents.
The order calls into question the integrity of the trial and whether evidence was covered up.
The district attorney has argued that both the Cano Letter and the Rossello Declaration do not constitute “new evidence” under the definition.
Why is the Menendez brothers’ case back in court?
The brothers were convicted of shooting and killing their parents, Jose and Kitty Menendez, at their Beverly Hills home in 1989. They were sentenced to life in prison without parole at ages 18 and 21. They have spent more than 30 years behind bars.
The brothers’ case was reopened in October of last year when then-District Attorney George Gascón announced his office would reexamine the case in light of new evidence, which included a letter alleging sexual abuse purportedly written by Erik just months before the shooting.
But that decision was reversed by Hochman, who submitted a request to withdraw the resentencing petition.
Los Angeles County Superior Court Judge Michael Jesic resentenced the brothers in May to 50 years to life, making them eligible for parole.
Even with the decision, the brothers must still secure approval from the state’s parole board to leave prison.
DA Nathan Hochman responds to order
Hochman on Monday told “Banfield” that he wasn’t surprised by Jesic’s decision to resentence the brothers.
“This judge is basically going through the steps,” he said. “And the steps with the habeas petition, in this habeas petition, was filed in May of 2023, is that you first ask for an informal response from the prosecution.”
Hochman noted that he and his colleagues filed an informal response back in February, writing an 80-page-plus document explaining new evidence. The new information supposedly didn’t exist before the trial, nor could it be obtained before the trial.
“It is new, it’s admissible and significant enough to warrant a brand new trial,” he said.
The next step in the process is if the judge finds at least a “minimal amount of possibility”, Hochman says they will ask for the formal response from the prosecution, which is what the judge has asked for.
Hochman acknowledged intentions by the state to make a formal response to the habeas petition in the next 30 days.