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California. – La justicia de California desestimó este martes la petición de los hermanos Lyle y Erik Menéndez, quienes cumplen sentencias de 50 años, de acceder a un nuevo juicio en el emblemático caso por el asesinato de sus padres, José y Kitty Menéndez.
Los hermanos quienes cumplen sentencias de 50 años a cadena perpetua desde la década de 1990, presentaron la solicitud de defensa en el 2023 y se basaba en dos elementos principales: la declaración de Roy Rossello, exintegrante del grupo Menudo, quien en una docuserie afirmó haber sido víctima de abuso sexual por parte de José Menéndez, y una carta escrita en 1988 por Erik a su primo, Andy Cano, en la que hacía referencia a supuestos abusos.
Sin embargo, el juez William Ryan concluyó que ninguna de estas pruebas resultaba lo suficientemente sólida para reabrir el caso.
En su fallo, Ryan explicó que la llamada “Cano Letter” solo confirma que Erik y Cano conversaron sobre abusos, pero no aporta información relevante sobre el estado mental de los acusados al momento de los homicidios. Además, señaló que el contenido del documento “contradice parcialmente los testimonios previos”, lo que la convierte en una pieza poco favorable para la defensa.
Respecto a la declaración de Rossello, el magistrado subrayó que, aunque respalda la acusación general de que José Menéndez pudo haber sido abusivo, carece de pertinencia para demostrar el miedo inmediato que alegaban los acusados cuando cometieron el crimen.
El fiscal de distrito del condado de Los Ángeles, Nathan Hochman, celebró la decisión y aseguró que “esta petición ni siquiera se acerca a cumplir con el estándar legal para un nuevo juicio”. Recordó que la defensa de los Menéndez se centró en la legítima defensa por abuso sexual, argumento que el jurado ya había escuchado y rechazado durante el juicio original. Hochman describió la reciente solicitud como “un último intento desesperado” de revertir las condenas más de treinta años después.
Los hermanos ya habían enfrentado otro contratiempo en mayo pasado, cuando un juez ratificó sus sentencias pese a reconocer el trabajo que ambos realizan en beneficio de otros reclusos. Una audiencia de libertad condicional celebrada en agosto también resultó negativa, debido a la exposición de violaciones reglamentarias, como el uso ilegal de teléfonos celulares dentro de prisión.
La única vía inmediata para los Menéndez es solicitar un indulto al gobernador Gavin Newsom, quien tiene la potestad de conceder clemencia en cualquier momento. Según la normativa vigente, ambos podrían volver a solicitar libertad condicional dentro de tres años, aunque el plazo podría reducirse a dieciocho meses si mantienen una conducta ejemplar.
El caso Menéndez, uno de los más mediáticos de los años noventa, ha mantenido la atención internacional por la brutalidad del crimen y el debate sobre los límites de la autodefensa frente al abuso familiar. A pesar de que la docuserie “Menéndez + Menudo: Boys Betrayed” en 2023 reavivó las dudas sobre el pasado de José Menéndez, los tribunales han concluido de manera consistente que estas nuevas declaraciones no alteran los fundamentos de la condena original.
Hoy, más de tres décadas después, los hermanos Menéndez siguen enfrentando un horizonte judicial adverso, con su única esperanza depositada en una eventual clemencia ejecutiva o en un futuro proceso de revisión, mientras cumplen sus sentencias en prisión.
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