Overview

• The July 7 order requires the DA’s office to show cause within 30 days why two newly surfaced pieces of evidence should not trigger a re-examination of the brothers’ 1996 convictions.
• One piece is a 1988 letter from Erik Menendez detailing sexual abuse by their father Jose, the other an affidavit from former Menudo member Roy Rosselló alleging rape by Jose in the early 1980s.
• Ryan ruled that the letter and affidavit constitute a prima facie showing of entitlement to habeas relief after both were excluded from the brothers’ second trial.
• Prosecutors have countered that the Cano letter is untimely and the Rosselló affidavit is inadmissible, immaterial and lacks credibility.
• The brothers, resentenced in May to 50 years-to-life with parole eligibility, are set for a state parole hearing on August 21–22 while the habeas review proceeds.