Menendez Bros
Decide To Prosecutors …
Why Should not I Throw Out Homicide Convictions
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It is a BIG DEAL … the choose within the Menendez case says the brand new proof unearthed within the homicide case — if true — makes a compelling case to throw out their convictions … which might imply they could possibly be launched even with no parole board listening to.
In accordance with new court docket paperwork, obtained by TMZ, L.A. County Superior Court docket Decide William C. Ryan, has reviewed the two items of latest proof — the primary is a letter purporting to be from Erik Menendez to his cousin, Andy Cano, which might corroborate Cano’s testimony about Jose Menendez molesting Erik.
The second piece of proof — a declaration from Roy Rossello, a former member of Menudo, who claims he was anally raped and orally copulated by Jose in both 1983 or 1984. This declaration, in keeping with Menendez lawyer Mark Geragos, reveals the prosecution was off base in characterizing Jose as “not the type of man” who would abuse his youngsters. Additionally, the choose within the homicide trial severely restricted testimony about alleged sexual abuse.
Geragos has filed authorized docs arguing this new proof would have modified the end result of the trial, so the convictions ought to be overturned. Decide Ryan stated within the new docs, “[THE Prosecutor] is ORDERED TO SHOW CAUSE … why the reduction requested shouldn’t be granted.”
Translation — the choose says the Menendez brothers have made their case to toss the convictions, and now prosecutors must rebut that inside 30 days or the homicide conviction might be overturned.
TMZ.com
As we reported, one other Superior Court docket choose has already modified Erik and Lyle’s sentence from life without parole to 50 years to life. Consequently, there might be a full parole listening to subsequent month. The Parole Board may advocate to Governor Newsom to grant the brothers clemency, however that listening to could be irrelevant if Decide Ryan tosses the convictions.
If the convictions had been thrown out, the L.A. County D.A. may nonetheless refile fees, however that could possibly be tremendous dicey with the passage of time.