Menendez Brothers to Remain Behind Bars After Judge Rejects Bid for New Trial

Lyle and Erik Menendez, who were convicted of killing their parents, Jose and Kitty, in 1989, will stay in prison for now.

On Monday, Sept. 15, Los Angeles Superior Court Judge William Ryan rejected a 2023 Habeas Corpus petition filed by the brothers’ lawyers. The petition cited two pieces of evidence they said supported claims of sexual abuse, ABC 7 reported.

If the petition had been approved, it could have allowed the brothers to have a new trial.

The judge said the new evidence probably would not have “resulted in a hung jury, nor in the conviction of a lesser instructed offense,” Ryan said, according to NBC4.

“Neither piece of newly discover [sic] evidence is particularly strong,” Ryan added. “The evidence here is not so convincing that it would have created reasonable doubt for at least one juror or supported an imperfect self-defense claim.”

The evidence included a letter Erik allegedly sent to his cousin in 1989, before the murders, claiming sexual abuse by Jose. The second piece was an affidavit from former Menudo member Roy Rosselló, who said he was raped by Jose.

“The fight continues,” read a post on Lyle Menendez’s Facebook page after the ruling.

“This disappointing decision does not take away from the courage of Roy Rosselló or the torment he lived through at the hands of Jose Menendez,” the post continued. “To claim that another victim of Jose Menendez would not have affected even one juror is quite the exercise in mental gymnastics. And to say Erik’s writing was also meaningless would get a gold medal in mental gymnastics. Onward!”

Sources close to the family told PEOPLE, “What’s disappointing is Roy not getting a chance to share his truth. It was incredibly brave of him to come forward. The most important outcome, though, was getting resentenced and having the opportunity to go before the parole board again soon.”

The Menendez brothers, in prison since the 1990s for the shotgun murders of their parents, have long fought for release. They have said the killings happened because of alleged sexual abuse by Jose.

Prosecutors have said the brothers were motivated by greed and pointed to their expensive spending spree after the murders.

Earlier this year, the brothers were resentenced to 50-years-to-life, which made them immediately eligible for parole. However, last month, both were denied parole mainly because of their past behavior in prison.

Lyle and Erik Menendez will be able to apply for parole again in three years.