As notorious brothers Erik and Lyle Menendez await their parole hearing in August, they have experienced a legal triumph on a different front, now presenting new evidence they argue might have led to their acquittal.

The duo, who acknowledged killing their parents, Mary “Kitty” and Jose Menendez, during a brutal 1989 shotgun attack in their Beverly Hills residence, have maintained for years that their actions were in self-defense due to a lifetime of physical and sexual abuse.

A July 8 court order obtained by Fox News Digital will force the state to explain why evidence to that effect was barred from their trial. 

Erik Menendez, left, and his brother Lyle, are seen in front of their Beverly Hills home. They are the main suspects in their parents’ murder. (Los Angeles Times via Getty Images)

In an informal response to that petition, filed by Los Angeles County District Attorney Nathan Hochman’s office in February of this year, prosecutors denied that the letter and the affidavit constituted new evidence. They said that the Cano letter was “untimely.” They also said the Rossello affidavit was “inadmissible, immaterial, and lacks credibility.” 

But the July 8 order, handed down by Los Angeles County Superior Court Judge William C. Ryan, said that the letter and the affidavit constitute a prima facie showing that the brothers are entitled to habeas relief. 

The district attorney’s office is now subject to a “show cause” response in the next 30 days. In their response, Hochman’s office must explain why the brothers’ habeas relief should not be granted. 

Attorney Mark Geragos speaks to reporters at the Menendez brothers’ resentencing hearing,  Van Nuys, California, Tuesday, May 13, 2025.  (Derek Shook for Fox News Digital)

The brothers sought a new trial in 2023, but have since shifted their focus to their own resentencing, which they were granted in May. Judge Michael Jesic resentenced the brothers to 50 years to life with the possibility of parole. They were previously serving life without parole. 

Since, the brothers have been eagerly awaiting that parole hearing. After it was initially scheduled for June 13, it was postponed until August 21 and 22. 

They have spent 35 years behind bars.