The Menendez Brothers are Relying on Post Conviction Relief to Get Out of Jail
The Menendez Brothers made national news in the late '80s and early '90s when they brutally murdered their own parents with a shotgun. The case made national headlines at the time and is still in the public eye today, recently becoming the subject of numerous documentaries and dramas on Netflix.
But recently, they have been in the news again, this time as an example of post-conviction relief.
The Menendez Brothers Case
The murders, which happened in California, ultimately led to a guilty verdict, with the brothers being sentenced to life in prison. During the trial, the brothers contended that the shooting was a response to years of sexual abuse by their parents, a claim that the jury, in convicting them, apparently did not believe.
But based upon a recent request for post-conviction relief, their sentence was just recently lowered to 50 years, and they now are eligible for parole, with many legal experts thinking they may be released.
New Evidence, Post-Conviction
In 2023, lawyers for the brothers filed a habeas corpus petition (a motion for post-conviction relief) because new evidence was found that would document or substantiate the brothers' father's abuse towards them, evidence that did not exist at the time of their trial or which was not heard by the jury.
One piece of evidence was a letter written by one of the brothers at the time, talking about the abuse he says he endured by his father. There were also allegations that arose in 2023 that a member of a popular boy band who worked with Menedez's father may have also been molested by the boys' father.
In 2024, the district attorney of Los Angeles, in pushing to lower the boy's sentence and apparently agreeing with their motion for relief, noted that attitudes towards sexual violence have changed and that the brothers have been rehabilitated in prison.
The Standard for Relief Based on New Evidence
In Louisiana, as with many other states, overturning a criminal conviction based on the discovery of new evidence requires a finding that the new evidence was not known at the time of the original trial and could not have been discovered.
The new evidence can't be speculative, but rather, it must be an actual fact or piece of evidence that exists.
The evidence, if it could have been discovered at the time of the trial, must have been admissible had it been introduced at trial. This takes an analysis of the evidence to see if, under the rules of evidence, it could have been admitted—otherwise, it would have been excluded and not heard or considered by the jury anyway.
Testimonial new evidence will not be enough—any testimony (that is, something someone says) must be corroborated, backed up, or documented by some kind of physical evidence, like documents, photos, DNA, or some kind of forensic or scientific analysis. Someone cannot just "say something new" to create new evidence.
Post-conviction relief is not an appeal. It is asking for a conviction to be overturned, even after appeal, on very specific grounds, the discovery of new evidence being one of them. For more information, contact the Law Offices of Philip B. Adams today. We are top-rated, relentless, and aggressive Louisiana criminal defense lawyers. Complete our "Contact Us" page here. You may significantly benefit by having an attorney with legal competence and experience assist you with your Louisiana criminal case. We have offices in Shreveport and handle criminal defense cases throughout Louisiana.