It has only been two weeks since an announcement of the Los Angeles District Attorney gave to the supporters of Lyle and Erik Menendez New hopes that the two, who are serving life sentences in prison, may finally be released. But the results of the recent elections have cast a shadow over that future, while members of the Menéndez family maintain that the brothers should once again be free men.

“It is time for Erik and Lyle Menendez to be released. For the good of them and their families,” Bryan Freedman, lawyer for 24 relatives of the menendez brothers says rolling stone in a statement. “These men have served their sentences and have proven to be exemplary citizens during their imprisonment despite having no hope of being released. It is time for them and their family to be allowed to heal.”

Lyle and Erik are best known for their involvement in the August 20, 1989, deaths of their parents José Menéndez and Mary Louise, better known as “Kitty.” The brothers were arrested and charged with first-degree murder in 1990. During their now infamous In the court cases, which were broadcast live on CourtTV, Erik and Lyle claimed they killed their parents because they were sexually assaulted by their father and feared for their lives. The jury deadlocked, and after a retrial, Lyle and Erik were found guilty of first-degree murder and sentenced to life in prison, where they have spent the last 30 years. In late October, Los Angeles District Attorney George Gascón recommended that the brothers be resentenced due to new evidence. If this were to happen, they would join the ranks of more than 300 people convicted again during Gascón’s term. But after Nathan Hochman won Tuesday’s election, replacing Gascón as the new district attorney, supporters of the menendez brothers They worry it could mean a delay in their release.

Hochman ran on a more conservative platform than Gascón, calling himself a “medium hard”, in comparison to Gascón, whose mandate he described as a “public security failure.” In a statement shared with rolling stone, Hochman, who takes office Dec. 2, says he will need time to review all of Menendez’s files, which may take some time.

“Before I can make a decision on the Menendez brothers’ case, I will have to become fully familiar with the relevant facts, the evidence and the law,” he says. “I will have to review the confidential files of each brother, the transcripts of both trials and speak with prosecutors, authorities, defense attorneys and relatives of the victims. Only then can I make a decision. If for some reason I need additional time, I will ask the court.”

Gascón’s decision to resentencing revolved around a new writ of habeas corpus, a request to challenge a person’s incarceration, filed by Lyle and Erik’s legal teams. Their lawyers argue that the brothers’ retrial, in which prosecutors said Erik and Lyle’s sexual assault allegations were a “total fabrication,” did not include crucial evidence that would have corroborated their claims. This excluded the testimony of Lyle’s older cousin, Diane VanderMolen, who testified at the first trial that she stayed at the Menendez house during the summer when she was 16 years old and that one night, when Lyle was only eight years old, he entered in his room and told him that He was afraid to sleep in his own room because his father touched his genitals.

The petition also includes new evidence that was not available at the time of Menendez’s retrial. After the convictions, journalist Robert Rand obtained a letter that Erik wrote to his cousin, Andy Cano, eight months before the shooting deaths, when he was 17 years old. In the letter extracted from the habeas petition, Erik described being abused by his father and how afraid he was. “It’s still happening to Andy, but it’s worse for me now,” Erik wrote. “I never know when it’s going to happen and it’s driving me crazy. “Every night I stay awake thinking he might come in… He’s warned me 100 times not to tell anyone.” In his 2023 Peacock documentary series, Menéndez + Menudo: Children betrayedRand also detailed new accusations from Roy Rosselló, a former member of the Puerto Rican boy band Menudo. Rosselló claimed that José Menéndez, a music executive, had also sexually abused him. (Rosselló’s accusations are also included in the filing.)

At least 24 relatives of the Menendez brothers have argued that the boys were only sentenced to first-degree murder because sexual assault on men was not taken seriously at the time. Now, even with Hochman’s new role, they still expect the brothers to resent each other.

“Child sexual abuse is not gender-based, and failure to recognize this sets an extremely dangerous precedent. Politics should not be an obstacle to doing the right thing. “I would find it hard to believe that Nathan Hochman felt otherwise,” adds Freedman. “The victims’ family and my firm will continue to pursue their victims’ rights and are cautiously optimistic that the district attorney, the elected district attorney, the governor and anyone committed to upholding true justice will join us ”.