A Los Angeles Superior judge has denied the Menendez brothers’ petition for a new trial, saying the new alleged evidence they presented would not have changed the initial decision that put them away for life.

On Monday, LA Superior Court Judge William Ryan denied the writ of habeas corpus filed by Erik and Lyle Menendez in May 2023. The petition claimed that two new pieces of evidence proved the brothers’ father, Jose Menendez, was sexually abusive.  

“The evidence alleged here is not so compelling that it would have produced a reasonable doubt in the mind of at least one juror or supportive of an imperfect self-defense instruction,” Ryan wrote in his ruling.

CBS Los Angeles has reached out to the Menendez brothers’ appellate attorney, Mark Geragos, for a comment and is waiting for a response. 

One of the pieces of evidence included a letter from 1988 that Erik Menendez sent to his cousin Andy Cano detailing that he was allegedly abused by his father as a teen. The other piece was a declaration from Roy Rossello, who was their father’s former boy bandmate, that claimed that he was raped by Jose Menendez.

The brothers have maintained the stance that they killed their parents in self-defense after alleging physical, sexual and emotional abuse.  

Ryan added that neither of the pieces was “particularly strong” and did not add to the “allegations of abuse that the jury already considered.” 

The habeas corpus petition was just one avenue the Menendez brothers were exploring to secure their freedom. They were initially sentenced in 1996 to life in prison without the possibility of parole for the killings of their parents, Kitty and Jose Menendez, inside their Beverly Hills home.

In May 2024, they were resentenced by a judge to 50 years to life in prison, which made them immediately eligible for parole. The Mendez brothers went before a state parole board in August, where they were both denied.

The brothers are still waiting for a decision on their clemency petitions sent to Gov. Gavin Newsom.

Los Angeles County District Attorney Nathan Hochman has been an outspoken opponent of their release and petition for a retrial. At a Tuesday afternoon news conference, Hochman applauded the judge’s decision as he called the habeas motion meritless. It “does not come close to meeting the factual or legal standard to warrant a new trial,” Hochman said.

“The central defense of the Menendez brothers at trial has always been self-defense, not sexual abuse.  The jury rejected this self-defense defense in finding them guilty of the horrific murders they perpetrated; five different appellate state and federal courts have affirmed those convictions, and nothing in the so-called ‘new’ evidence challenges any of those determinations,” Hochman said. “Our opposition to this ‘Hail Mary’ effort to obtain a new trial over 30 years later makes clear that justice, the facts, and the law demand the convictions stand.”

The period known as “Cosmic Noon,” which took place roughly 2 to 3 billion years after the Big Bang, was characterized by the rapid formation of new stars and planetary systems. Naturally, objects dated to this period are coveted by scientists hoping to learn more about the processes that led to the formation of planets and the emergence of life itself. This includes asteroids and comets, which are known to be composed of material leftover from the formation of entire star systems and their planets. And with the detection of three interstellar objects (ISOs) in the Solar System since 2017, there could be multiple opportunities to do so.

This includes 3I/ATLAS, which was detected on July 1st by researchers at the Asteroid Terrestrial-impact Last Alert System (ATLAS) in Chile. Since then, astronomers have conducted ongoing observations to learn as much as they can about this object before it is beyond the range of our telescopes. According to a new study by an international team of astrophysicists, several active missions could rendezvous with this object before it leaves the Solar System. Any one of these missions could provide detailed information on a period when star formation was prolific in our galaxy, and the building blocks of life likely emerged.

The research was led by T. Marshall Eubanks, the Chief Scientist at Space Initiatives Inc. He was joined by researchers from the Institute for Interstellar Studies (i4is), the Interdisciplinary Center for Security, Reliability and Trust (SnT) at the University of Luxembourg, the Laboratory for Instrumentation and Research in Astrophysics (LIRA) at the Observatiore de Paris, the French-Chilean Laboratory for Astronomy, the Technical University of Munich (TU Munich), and NASA’s Jet Propulsion Laboratory. The paper detailing their findings recently appeared online.

Observations of 3I/ATLAS have already revealed much about the object’s trajectory, composition, and where it may have come from. The kinematics of the object revealed that it is likely to be an object from the galactic thick disk, where 85% of the stars in our galaxy are located. It is also where the oldest stars in the galaxy reside, most being older than 10 billion years, which means they formed during the “Galactic Noon” period. As co-author Andreas Hein, an Associate Professor of Space Systems Engineering at the SnT and the Executive Director and Chairman of the i4is Technical Research Committee, told Universe Today via email:

Stars in the galactic thick disk have formed billions of years earlier than those in the thin disk, which includes our Sun. If 3I has been ejected from a thick disk star system, it means that we could get insights into it without flying to it, something which we will not be able to do for the foreseeable future. Hence, observing 3I is a literal example of: If the prophet cannot go to the mountain, let the mountain come to the prophet.

As they explain, the formation of 3I in the thick disk can be tested observationally as it transits through the Solar System. If 3I can be traced to the galactic thick disk, it will provide a means to explore the formation process of stars and planets and the possible origins of life during this early period. However, 3I will reach its closest point to the Sun (perihelion) when Earth is on the opposite side, making observations using ground-based telescopes virtually impossible. This is unfortunate, since 3I will experience its most intense outgassing while at perihelion, and the composition of its tail will provide detailed information on its internal composition.

A mission that could study it up close would be able to obtain spectra from its outgassing before it is no longer observable. Eubanks and his colleagues theorize that 3I could have originated from the galactic thick disk because of its galactic orbit, as well as its velocity and direction, which takes it 3,000 light-years out of the galactic plane. Said Hein:

3I/ATLAS flew in from outside the solar system almost at the same angle as the solar system plane. This is surprising. The solar system is traveling through the Milky Way in a direction perpendicular to the plane of its planets. Now, you would expect that interstellar objects would fly into the solar system from that direction if they have similar trajectories as our Solar System. In other words, they would fly into the solar system at a steep angle to the Solar System plane. And in fact, this is exactly what we observed for the first two interstellar objects ‘Oumuamua and Borisov. They flew into the solar system at steep angles. What makes 3I/ATLAS unusual is that it flew in almost parallel to the plane of the Solar System.

The trajectory of 3I/ATLAS through the Solar System. Credit: NASA

“We seek to confirm this hypothesis through an analysis of 3I’s chemical nature. One prediction is that the planet formation would occur at a higher temperature in the ‘Cosmic Noon’ period, which makes 3I appear to be ‘dynamically old,’ with fewer easily evaporated supervolatiles,” Eubanks added. “Early indications are that 3I does appear to be dynamically old (unlike 2I/Borisov, which appeared to the dynamically new). It is much too early to say that this issue is resolved, but we are hopeful that it will be by the time all the 3I data is analyzed.”

Based on its trajectory, 3I is expected to pass inside the orbit of Mars, bringing it relatively close to several interplanetary spacecraft that have already launched. To determine which could conduct observations of this ISO, the team examined 15 missions in heliocentric orbits or currently active around Mars. Of these, they found that the Mars Reconnaissance Orbiter (MRO) and the ESA’s Trace Gas Orbiter (TGO), which could view 3I with their instruments on October 2nd and 3rd, respectively. Tianwen-1 and Hope also present opportunities for observations.

The ESA’s JUpiter ICy moons Explorer (JUICE) and NASA’s Europa Clipper and Psyche will also be in a good position to conduct observations for even longer. Said Eubanks:

During the JUICE spacecraft close approach (a period near 3I’s perihelion when it will be hard to observe from Earth), the Juice spacecraft will observe 3I with five of its instruments November 2-25, 2025, just after 3I’s perihelion, including its closest approach on November 4, while the Europa Clipper will use its magnetometer and plasma instruments to observe possible passages through 3I’s cometary tail, more or less continuously from now into November. In addition, several solar observatories and probes will attempt remote monitoring of 3I from late October through mid-November 2025, as it passes through their instrumental fields of view (FOV).

While none of the missions profiled allow for a direct intercept with the interstellar comet, some of the spacecraft may pass through the tail before it is beyond our reach. For instance, the Europa Clipper, Hera, and even the more distant Lucy spacecraft may pass through 3I’s cometary tail in the period after its perihelion passage, potentially directly observing the conditions and composition there. “Finally, three heliophysics space observatories (SOHO, Solar Orbiter, and the Parker Solar Probe) will have 3I pass through their instruments’ fields of view (FOV) in this period; the Parker Solar Probe and even the solar coronagraphs may be able to monitor 3I at intervals in the period from late September through mid-November in 2025,” said Hein.

The Gemini South Observatory captured this image of the interstellar comet 3L/ATLAS on August 27th. It shows the object’s fuzzy coma and tail, made of volatiles released by the Sun’s heat. Image Credit: By International Gemini Observatory/NOIRLab/NSF/AURA/Shadow the Scientist, CC BY 4.0

Above all, the observations these missions could perform would yield data that is impossible to obtain using Earth-based instruments. Even when Earth observations are possible, the different angles of the different spacecraft will provide valuable data on the nature of the dust and ejecta from 3I. In addition to testing the thick disk origin of this latest ISO, these observations could also confirm how hot its formation region was by analyzing the spectra emissions of its gas and dust tail and the rate of outgassing. All this information would shed light on star systems that existed at a crucial time in cosmic history.

The team also notes that while astronomers will benefit from a combination of Earth and space-based observations, the spacecraft they considered would provide the only source of spectral and imaging data during the 3I perihelion passage. More information is expected shortly, thanks to images captured by the James Webb Space Telescope (JWST) and other observations. However, spacecraft currently operational in deep space could provide some of the most important data yet. “If 3I is really from the thick disk, it may be one of the oldest objects we have ever observed in the solar system,” said Andreas. “It is like an eon-old fridge, which will open during the next months to release some of its content.”

Further Reading: arXiv

It wasn’t the greeting I was expecting from my dad when I stopped by for lunch Wednesday at his Anaheim home.

“¿Quién es Charlie Kirk?”

Papi still has a flip phone, so he hasn’t sunk into an endless stream of YouTube and podcasts like some of his friends. His sources of news are Univisión and the top-of-the-hour bulletins on Mexican oldies stations — far away from Kirk’s conservative supernova.

“Some political activist,” I replied. “Why?”

“The news said he got shot.”

Papi kept watering his roses while I went on my laptop to learn more. My stomach churned and my heart sank as graphic videos of Kirk taking a bullet in the neck while speaking to students at Utah Valley University peppered my social media feeds. What made me even sicker was that everyone online already thought they knew who did it, even though law enforcement hadn’t identified a suspect.

Conservatives blamed liberalism for demonizing one of their heroes and vowed vengeance. Some progressives argued that Kirk had it coming because of his long history of incendiary statements against issues including affirmative action, trans people and Islam. Both sides predicted an escalation in political violence in the wake of Kirk’s killing — fueled by the other side against innocents, of course.

It was the internet at its worst, so I closed my laptop and checked on my dad. He had moved on to cleaning the pool.

“So who was he?” Papi asked again. By then, Donald Trump had announced Kirk’s death. Text messages streamed in from my colleagues. I gave my dad a brief sketch of Kirk’s life, and he frowned when I said the commentator had supported Trump’s mass deportation dreams.

Hate wasn’t on Papi’s mind, however.

“It’s sad that he got killed,” Papi said. “May God bless him and his family.”

“Are politics going to get worse now?” he added.

It’s a question that friends and family have been asking me ever since Kirk’s assassination. I’m the political animal in their circles, the one who bores everyone at parties as I yap about Trump and Gov. Gavin Newsom while they want to talk Dodgers and Raiders. They’re too focused on raising families and trying to prosper in these hard times to post a hot take on social media about political personalities they barely know.

They’ve long been over this nation’s partisan divide, because they work and play just fine with people they don’t agree with. They’re tired of being told to loathe someone over ideological differences or blindly worship a person or a cause because it’s supposedly in their best interests. They might not have heard of Kirk before his assassination, but they now worry about what’s next — because a killing this prominent is usually a precursor of worse times ahead.

I wasn’t naive enough to think that the killing of someone as divisive as Kirk would bring Americans together to denounce political terrorism and forge a kinder nation. I knew that each side would embarrass itself with terrible takes and that Trump wouldn’t even pretend to be a unifier.

But the collective dumpster fire we got was worse than I had imagined.

President Donald Trump shakes hands with moderator Charlie Kirk, during a Generation Next White House forum at the Eisenhower Executive Office Building on the White House complex in Washington, Thursday, March 22, 2018.

(Manuel Balce Ceneta / Associated Press)

Although conservatives brag that no riots have sparked, as happened after George Floyd’s murder in 2020, they’re largely staying silent as the loudest of Kirk’s supporters vow to crush the left once and for all. The Trump administration is already promising a crackdown against the left in Kirk’s name, and no GOP leaders are complaining. People are losing their jobs because of social media posts critical of Kirk, and his fans are cheering the cancel cavalcade.

Meanwhile, progressives are flummoxed by the right, yet again. They can’t understand why vigils nationwide for someone they long cast as a white nationalist, a fascist and worse are drawing thousands. They’re dismissing those who attend as deluded cultists, hardening hearts on each side even more. They’re posting Kirk’s past statements on social media as proof that they’re correct about him — but that’s like holding up a sheet of paper to dam the Mississippi.

I hadn’t paid close attention to Kirk, mostly because he didn’t have a direct connection to Southern California politics. I knew he had helped turn young voters toward Trump, and I loathed his noxious comments that occasionally caught my attention. I appreciated that he was willing to argue his views with critics, even if his style was more Cartman from “South Park” (which satirized Kirk’s college tours just weeks ago) than Ronald Reagan versus Walter Mondale.

I understand why his fans are grieving and why opponents are sickened at his canonization by Trump, who seems to think that only conservatives are the victims of political violence and that liberals can only be perpetrators. I also know that a similar thing would happen if, heaven forbid, a progressive hero suffered Kirk’s tragic end — way too many people on the right would be dancing a jig and cracking inappropriate jokes, while the left would be whitewashing the sins of the deceased.

We’re witnessing a partisan passion play, with the biggest losers our democracy and the silent majority of Americans like my father who just want to live life. Weep or critique — it’s your right to do either. But don’t drag the whole country into your culture war. Those who have navigated between the Scylla and Charybdis of right and left for too long want to sail to calmer waters. Turning Kirk’s murder into a modern-day Ft. Sumter when we aren’t even certain of his suspected killer’s motives is a guarantee for chaos.

I never answered my dad’s question about what’s next for us politically. In the days since, I keep rereading what Kirk said about empathy. He derided the concept on a 2022 episode of his eponymous show as “a made-up, new age term that … does a lot of damage.”

Kirk was wrong about many things, but especially that. Empathy means we try to understand each other’s experiences — not agree, not embrace, but understand. Empathy connects us to others in the hope of creating something bigger and better.

It’s what allows me to feel for Kirk’s loved ones and not wish his fate on anyone, no matter how much I dislike them or their views. It’s the only thing that ties me to Kirk — he loved this country as much as I do, even if our views about what makes it great were radically different.

Preaching empathy might be a fool’s errand. But at a time when we’re entrenched deeper in our silos than ever, it’s the only way forward. We need to understand why wishing ill on the other side is wrong and why such talk poisons civic life and dooms everyone.

Kirk was no saint, but if his assassination makes us take a collective deep breath and figure out how to fix this fractured nation together, he will have truly died a martyr’s death.