Roy Rosselló’s allegation that José Menendez sexually abused him was cited in Erik and Lyle Menendez’s 2023 petition seeking a new trial. But a judge denied that petition in September 2025, so it did not reopen their convictions. The brothers’ later parole eligibility came through a separate resentencing decision—not from Rosselló’s allegation—and both were denied parole in August 2025.
How Rosselló’s allegation entered the case
Rosselló, a former member of the boy band Menudo, alleged that José Menendez sexually abused him. Erik and Lyle Menendez cited the allegation in a 2023 habeas petition, along with a letter attributed to Erik that described abuse. The brothers offered these materials as evidence supporting a new trial; their inclusion in the petition did not establish Rosselló’s allegation as fact or change the convictions by itself. The Los Angeles County District Attorney’s Office’s account of the ruling describes the court’s decision.
On September 17, 2025, the DA’s office announced that Judge William C. Ryan had denied the petition. The office said the court concluded that “even taken together, this evidence would not have created reasonable doubt in the mind of even one juror.” That is the DA’s published summary of the court’s ruling, not a direct quotation from Rosselló or the judge. The office also said the judge found the evidence did not negate the findings of premeditation, deliberation and lying in wait underlying the first-degree murder convictions. Denial of the petition resolved this request for a new trial; it was not a finding that Rosselló’s allegation was false.
Why habeas, resentencing and parole are different
The three proceedings addressed different questions and could produce different outcomes. The Menendez brothers’ case involved each route separately:
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| Process | Question and decision-maker | What it could change | What happened |
|---|---|---|---|
| Habeas petition | Whether evidence not presented at the second trial justified revisiting the convictions; decided by Judge William C. Ryan. | Could support a new trial or other relief on the convictions. | Denied in September 2025. The DA’s office summarized the ruling. |
| Resentencing | A separate review focused on rehabilitation and conduct during time served; prosecutors could recommend a sentence, but the judge made the decision. | Could change the sentence, but was not a ruling on whether the new-trial evidence proved the brothers’ claims. | On May 13, 2025, the judge resentenced them to 50 years to life. The DA’s FAQ explains the distinction; the DA’s office announced the sentence. |
| Parole | Whether an eligible person should be released; decided through the parole process, with a gubernatorial role in the process. | Could result in release, but eligibility alone does not mean release. | Both brothers were denied parole in August 2025. The Associated Press reported on September 8, 2026, that their next hearing opportunity had moved up to March 2027. AP report. |
The DA’s October 2024 FAQ distinguishes resentencing, which considered rehabilitation and conduct during incarceration, from habeas, which challenged the trial evidence. The DA also said prosecutors could recommend resentencing, while the judge decided whether to impose it.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What the allegation did—and did not—change
Rosselló’s claim helped form part of the brothers’ argument for a new trial, but the habeas petition was denied. The available record therefore does not support saying that his allegation freed the brothers, proved their account of abuse, or caused their sentence to change. Their 50-years-to-life sentence and resulting parole eligibility came through resentencing, a separate route. The DA’s account of the habeas ruling and its explanation of resentencing describe those distinct proceedings.
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