As infamous killer brothers Erik and Lyle Mendendez wait for their August parole hearing, they have scored a legal victory on another front, this time in the form of new evidence they say could have led to their acquittal. 

The pair, who admitted to killing their parents, Mary “Kitty” and Jose Menendez, in a bloody 1989 shotgun massacre inside their Beverly Hills home, claimed for years that their actions were self-defense stemming from 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 is brother Lyle, in front of their Beverly Hills home. They are prime 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.