Menendez bros
Judge To Prosecutors …
Why Shouldn’t I Throw Out Murder Convictions?
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This is a BIG DEAL … the judge in the Menendez case says the new evidence unearthed in the murder case — if true — makes a compelling case to throw out their convictions … which would mean they could be released even without a parole board hearing.
According to new court documents, obtained by TMZ, L.A. County Superior Court Judge William C. Ryanhas reviewed the 2 pieces of new evidence — the first is a letter purporting to be from Erik Menendez to his cousin, Andy Canowhich would corroborate Cano’s testimony about Jose Menendez molesting Erik.
The second piece of evidence — a declaration from Roy Rosselloa former member of Menudo, who claims he was anally raped and orally copulated by Jose in either 1983 or 1984. This declaration, according to Menendez attorney Mark Geragosshows the prosecution was off base in characterizing Jose as “not the kind of man” who would abuse his children. Also, the judge in the murder trial severely limited testimony about alleged sexual abuse.
Geragos has filed legal docs arguing this new evidence would have changed the outcome of the trial, so the convictions should be overturned. Judge Ryan said in the new docs, “(THE Prosecutor) is ORDERED TO SHOW CAUSE … why the relief requested should not be granted.”
Translation — the judge says the Menendez brothers have made their case to toss the convictions, and now prosecutors have to rebut that within 30 days or the murder conviction will be overturned.
TMZ.com
As we reported, another Superior Court judge has already changed Erik and Lyle’s sentence from life without parole to 50 years to life. As a result, there will be a full parole hearing next month. The Parole Board could recommend to Governor Newsom to grant the brothers clemency, but that hearing would be irrelevant if Judge Ryan tosses the convictions.
If the convictions were thrown out, the L.A. County D.A. could still refile charges, but that could be super dicey with the passage of time.
