The decision by a California parole board not to recommend parole for Erik Menendez is only one part of what has been a multipronged effort by their lawyers to free him and his brother Lyle.
Two legal paths to freedom that the brothers have pursued appear less likely after the board’s denial on Thursday. One has been parole through resentencing; the other is a clemency petition put before Gov. Gavin Newsom of California.
But there is yet another possible legal pathway to freedom for the brothers.
Lawyers for the brothers have filed what is known as a habeas petition, a vehicle for challenging unlawful detentions. Under the habeas petition, the brothers are arguing that two pieces of evidence discovered in recent years would have changed the outcome of the trials that led to their conviction.
If William C. Ryan, the Los Angeles Superior Court judge handling the petition, agrees and grants them the relief they are seeking, the brothers could be granted a new trial. The judge could also reduce their convictions.
Several years ago, Robert Rand, a journalist who has reported on the Menendez brothers for decades, uncovered a letter Erik wrote when he was 17 to his cousin Andy Cano, describing years of sexual abuse by his father, Jose Menendez, and Erik’s fear of him.
Then, in 2023, the Peacock docuseries “Menendez + Menudo: Boys Betrayed,” based on reporting by Mr. Rand and another journalist, Nery Ynclan, detailed new accusations against Jose Menendez. A former member of the Puerto Rican boy band Menudo said that as a teenager, Mr. Menendez had sexually assaulted him.
Lawyers for the brothers filed their habeas petition later that year, citing the two new pieces of evidence.
In July, Judge Ryan issued an order finding that the brothers had presented enough evidence to support their claim, and asked prosecutors from the Los Angeles County district attorney’s office to show why the habeas petition should not be granted.
Matt Stevens is a Times reporter who writes about arts and culture from Los Angeles.
Tim Arango is a correspondent covering national news. He is based in Los Angeles.
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