Menendez Brothers' Habeas Petition Is 'Hail Mary' Effort, L.A. County D.A. Says

The Menendez brothers are making a last-ditch effort to get a new trial, and none of what they've presented is compelling enough to get them one ... so says the Los Angeles County District Attorney.

The D.A.'s Office filed a 132-page response to the writ of habeas corpus submitted on behalf of Erik and Lyle, in which the office ripped into their attempt to get a new trial based on two pieces of what they call "new evidence" in the case.

The D.A.'s argument is focused on the premeditated nature of the murders ... writing, "There are few murder cases in which the evidence of planning and premeditation is as stark as that presented in this case."

D.A. Nathan Hochman says none of the new evidence presented -- the letter Erik purportedly wrote to his cousin, Andy Cano, in 1988 detailing the alleged abuse, and a declaration by Menudo band member Roy Rosselló claiming Jose Menendez sexually abused him -- doesn't meet the required level for a new trial, claiming the Cano letter is nothing new, and even questioning its credibility in light of the previous lies told by the brothers in the case.

Hochman says the jury in their case rejected the notion that they killed their parents in self-defense ... and, multiple appeals upheld the decision -- so, he says this is just a "Hail Mary" effort to land a new trial.

As you know ... the petition for a new trial may not matter much at the end of the day. The Menendez brothers' parole hearing is scheduled for later this month -- so, they still could be released after more than 30 years in prison.

They got the parole hearing after a judge changed their sentence from life without parole to 50 years to life.  And, as the D.A. acknowledges, California Governor Gavin Newsom also has clemency power he could exercise to release them.

Erik went through kidney stone surgery recently, but he's back in prison now ... and, he and Lyle are eagerly awaiting their day in court.