Judge to weigh new sexual abuse evidence in Menendez brothers’ case

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A justice is acceptable to determine Monday whether new intersexual maltreatment evidence is capable to punctual re-examining the convictions of the Menendez brothers successful the 1989 shooting deaths of their parents.

Monday’s proceeding volition beryllium their first tribunal quality since 1996, according to CNN. They’re scheduled to look virtually. Members of the nationalist are vying by lottery for 16 slots successful the courtroom, according to a connection from Los Angeles County Superior Court of California.

Erik and Lyle Menendez were 18 and 21 years aged erstwhile they killed RCA Records enforcement Jose Menendez and his wife, Kitty Menendez. They claimed self-defense successful the look of years of sexual, affectional and carnal abuse. The prosecution said they had been aft their $14 cardinal inheritance and that the motive was greed.

They were convicted of first-degree execution successful a associated proceedings and sentenced to beingness successful situation without parole successful 1996 aft their archetypal proceedings ended successful deadlocked juries. They are present 53 and 56. Last twelvemonth the men’s lawyers filed a tribunal petition maintaining that “Newly discovered grounds straight supports the defence presented astatine trial.”

The maltreatment evidence, portion presented astatine their archetypal proceedings successful 1993, was excluded from the 2nd trial. On Monday Judge Michael Jesic volition measure that evidence on with caller revelations successful a proceeding that could pave the mode for the brothers’ release.

That grounds came to airy past twelvemonth successful the Peacock docuseries “Menendez + Menudo: Boys Betrayed,” successful which Roy Rossello, a subordinate of the 1980s lad band, alleged that Jose Menendez had drugged and raped him erstwhile helium was 13 oregon 14. He has besides filed a signed declaration with the brothers’ lawyers.

Another portion of grounds is simply a 1988 missive from Erik Menendez to his uncle Andy Cano describing his father’s intersexual abuse. Their lawyers were not alert of the missive truthful did not present it astatine trial.

Lyle Menendez, near  confers with member  Erik during a tribunal  appearance, April 2, 1991 successful  Beverly Hills, California.

AP Photo/Kevork Djansezian

Lyle Menendez, near confers with member Erik during a 1991 tribunal quality successful Beverly Hills. (AP Photo/Kevork Djansezian)

Los Angeles County District Attorney George Gascón has asked for a reduced sentence that could escaped the brothers connected parole astir immediately. A proceeding connected that is scheduled for Dec. 11.

Monday’s hearing, scheduled for 10:30 a.m. Pacific Time, could power whether the resentencing proceeding remains connected the docket oregon whether it gets postponed until recently elected territory lawyer Nathan Hochman has had a accidental to reappraisal the worldly aft being sworn successful connected Dec. 2.

The brothers could besides petition clemency, but Gov. Gavin Newsom said past week helium would wait for Hochman’s review earlier making immoderate specified decisions.

With News Wire Services

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