The judge in the Menendez case has said that the new information that was discovered in the murder case, if it is real, presents a strong case to throw out their convictions. This would imply that they may be freed even without a parole board hearing. This is a very significant development.
The two pieces of new evidence have been reviewed by the judge of the Los Angeles County Superior Court, William C. Ryan, according to new court documents that were obtained by TMZ. The first piece of evidence is a letter that purports to be from Erik Menendez to his cousin, Andy Cano. This letter would provide evidence that Cano’s testimony about Jose Menendez sexually harassment Erik is accurate.
The second piece of evidence is a confession made by Roy Rossello, a former member of Menudo. Rossello asserts that Jose sexually assaulted him in either 1983 or 1984 and that he also admitted to having sexual relations with Jose. According to Mark Geragos, a counsel for Menendez, this statement demonstrates that the prosecution’s description of Jose as “not the kind of man” who would mistreat his children was inaccurate. Additionally, the judge in the murder trial severely restricted the testimony with regard to the allegations of sexual assault.
Additionally, Geragos has submitted legal documents in which he argues that the convictions need to be reversed since the new information would have altered the conclusion of the trial. The new documents include a statement made by Judge Ryan that reads, “[THE Prosecutor] is ORDERED TO SHOW CAUSE… why the relief that is being requested should not be granted.”
It has been stated by the court that the Menendez brothers have presented their argument to have the convictions reversed, and the prosecution must now refute this argument within the next thirty days or else the conviction for murder will be overturned.
We have learned that another judge from the Superior Court has already altered the sentence that Erik and Lyle were given from life without the possibility of parole to fifty years to life. Since this is the case, a hearing for full parole will take place the following month. It is possible that the Parole Board may make a recommendation to Governor Newsom to award mercy to the brothers; but, if Judge Ryan decides to overturn the convictions, the hearing will be of little consequence.
In the event that the convictions were overturned, the District Attorney of Los Angeles County may still re-file charges; however, this might be a very risky endeavor given the passage of time.
