Menendez Bros
Decide To Prosecutors …
Why Should not I Throw Out Homicide Convictions?
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It is a BIG DEAL … the decide 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 may very well be launched even with out a parole board listening to.
In line with new courtroom paperwork, obtained by TMZ, L.A. County Superior Court docket Decide William C. Ryan, has reviewed the two items of recent 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, based on Menendez legal professional Mark Geragos, exhibits the prosecution was off base in characterizing Jose as “not the kind of man” who would abuse his kids. Additionally, the decide within the homicide trial severely restricted testimony about alleged sexual abuse.
Geragos has filed authorized docs arguing this new proof would have modified the result of the trial, so the convictions needs to be overturned. Decide Ryan mentioned within the new docs, “[THE Prosecutor] is ORDERED TO SHOW CAUSE … why the relief requested should not be granted.”
Translation — the decide says the Menendez brothers have made their case to toss the convictions, and now prosecutors need to rebut that inside 30 days or the homicide conviction might be overturned.
TMZ.com
As we reported, one other Superior Court docket decide has already modified Erik and Lyle’s sentence from life with out parole to 50 years to life. In consequence, there might be a full parole listening to subsequent month. The Parole Board might 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 have been thrown out, the L.A. County D.A. might nonetheless refile expenses, however that may very well be tremendous dicey with the passage of time.
