Menendez brothers’ case back in court for hearing regarding petition for review of new evidence

(LOS ANGELES) — Erik and Lyle Menendez’s infamous case will be back in front of a judge on Monday for a hearing regarding the brothers’ habeas corpus petition, which was filed last year for a review of new evidence not presented at trial.

One piece of new evidence is allegations from a former member of the boy band Menudo, who revealed last year that he was raped by the brothers’ father, Jose Menendez.

The second piece of evidence is a letter Erik Menendez wrote to his cousin eight months before the murders detailing his alleged abuse from his father. The cousin testified about the alleged abuse at trial, but the letter — which would have corroborated the cousin’s testimony — wasn’t found until several years ago, according to the brothers’ attorney.

The Monday afternoon court appearance is scheduled as a status hearing. Lyle and Erik Menendez are expected to attend remotely.

No decisions are expected to be made Monday, but the brothers could speak and the hearing could shape how their multiple attempted avenues to release move forward.

The case began in 1989, when Lyle Menendez, then 21, and Erik Menendez, then 18, fatally shot their parents, Jose and Kitty Menendez, in the family’s Beverly Hills home. The defense claimed the brothers acted in self-defense after enduring years of sexual abuse by their father, but prosecutors alleged they killed for money.

The first trial, which had separate juries for each brother, ended in mistrials. In 1996, after the second trial — during which the judge barred much of the sex abuse evidence — the brothers were convicted and both sentenced to two consecutive terms of life without parole.

As the habeas corpus petition moves through the courts, the brothers have two other potential paths to freedom.

One path is through resentencing. Los Angeles County District Attorney George Gascón announced last month he was recommending the brothers’ sentence of life without the possibility of parole be removed, and they should instead be sentenced for murder, which would be a sentence of 50 years to life. Because both brothers were under 26 at the time of the crimes, they would be eligible for parole immediately with the new sentence.

The DA’s office said its resentencing recommendations take into account many factors, including rehabilitation in prison, and abuse or trauma that contributed to the crime. Gascón praised the work Lyle and Erik Menendez did behind bars to rehabilitate themselves and help other inmates.

Shortly after Gascón’s announcement, he lost his race for reelection to Nathan Hochman. The incoming DA, who is set to take office on Dec. 2, said he plans to read through the evidence — including confidential prison files and interviews with family, lawyers and law enforcement — before showing his support for resentencing.

The next hearing in the resentencing case is Dec. 11.

The other possible path to freedom is the brothers’ request for clemency, which they’ve submitted to California Gov. Gavin Newsom.

Last week, Newsom said he’ll defer to Hochman’s “review and analysis of the Menendez case prior to making any clemency decisions.”

ABC News’ Alex Stone contributed to this report.

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