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Speaker 1: Crime Alart hourly update, breaking crime news now Lylin Eric

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Speaker 1: Mendez will not be getting out of jail. Lawyers for

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Speaker 1: the brothers convicted of killing both parents, Jose and Kitty,

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Speaker 1: filed a petition with the court signing two new pieces

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Speaker 1: of evidence. They claim the evidence supports claims of sex abuse.

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Speaker 1: LA Superior Court Judge William Ryan rejected the motion, saying

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Speaker 1: the new evidence was not compelling enough to produce a

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Speaker 1: reasonable doubt in the mind of at least one jurrr Lyln,

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Speaker 1: Eric Menendez will be eligible to apply for parole again

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Speaker 1: in three short years.

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Speaker 2: I'm Sidney Sumner. That's right. The Menandez brothers will not

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Speaker 2: be getting another trial. It's the conclusion of a two

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Speaker 2: year legal process reviewing a hebeas corpus petition filed by

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Speaker 2: the brothers' attorneys, Cliff Gardner and Mark Garragos. The petition

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Speaker 2: argued that two new pieces of evidence support the brothers

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Speaker 2: claim that their father, Jose Menendez, sexually abused them for years.

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Speaker 2: The evidence included a late nineteen eighty eight or early

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Speaker 2: nineteen eighty nine letter written by Eric Menendez to his

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Speaker 2: cousin Andy Cono, vaguely describing the abuse. The attorneys also

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Speaker 2: mentioned allegations from Roy Rosello, a former member of the

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Speaker 2: boy band Menudo, that Jose Menendez molested him as a teenager.

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Speaker 2: The attorneys claimed this proved that Jose Menendez was a violent,

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Speaker 2: brutal man that was still abusing his children just months

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Speaker 2: before his death. Prosecutors argued the new evidence is not new,

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Speaker 2: but a thirty five year old letter that Andy Cono

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Speaker 2: never mentioned despite testifying in both trials. Prosecutors said in

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Speaker 2: a habeas motion, new evidence must be submitted in a

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Speaker 2: timely manner, typically within five years, for the motion to stand.

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Speaker 2: They also claimed the letter likely would not have swayed

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Speaker 2: a jury to provide a different outcome, and ultimately, Judge

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Speaker 2: William Ryan agreed this decision on the heels of unsuccessful

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Speaker 2: parole hearings for both brothers, the separate boards both citing

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Speaker 2: anti social personality traits as reasons the brothers still pose

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Speaker 2: a threat to the public. Lyle Menendez expressed his frustration

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Speaker 2: with the decision in a Facebook post, calling the judge's

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Speaker 2: disregard of Rossello's allegations an exercise in mental gymnastics. Menendez

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Speaker 2: says their fight for freedom continues. Both Eric and Lyle

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Speaker 2: Menendez are eligible to be reconsidered for parole. In twenty

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Speaker 2: twenty eight, a sixteen year old North Carolina boy was

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Speaker 2: shot in the face by one of a group of

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Speaker 2: friends of a sleepover in Charlotte on Sunday. His family

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Speaker 2: said in a GoFundMe that they were told by doctors

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Speaker 2: Jeremiah Gonzalez would not survive his injuries. The crowdfunding page

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Speaker 2: reads quote on the night of September twenty first, sixteen

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Speaker 2: year old Jeremiah Gonzalez was doing what any teenager should

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Speaker 2: be able to do, spending time at a sleepover playing

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Speaker 2: video games with friends. Jeremiah was a bright, kind and

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Speaker 2: loving young man with his whole future ahead of him.

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Speaker 2: Yosu Ramos, twenty, has been charged with assault with a

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Speaker 2: deadly weapon with intent to kill in possession of a

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Speaker 2: stolen firearm. An arrest affidavit says that Gonzalez and Ramos

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Speaker 2: were at the home of friends twenty one year old

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Speaker 2: man and his seventeen year old brother. The seventeen year

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Speaker 2: old witness to the shooting told investigators that Ramos brought

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Speaker 2: two guns into the house, a smith and wesson. In

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Speaker 2: an ar style pistol. Ramos picked up the Smith and Wesson,

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Speaker 2: pointed it at Gonzales and pulled the trigger, the teen said,

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Speaker 2: adding that he had a habit of pointing unloaded weapons

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Speaker 2: at them and pulling the trigger. After the shooting, the

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Speaker 2: twenty one year old tried to offer aid while the

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Speaker 2: seventeen year old called police. Ramos grabbed the ar pistol

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Speaker 2: and fled. Police tracked his vehicle and arrested him. Investigators

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Speaker 2: found the gun used to shoot Gonzales on the bed

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Speaker 2: near the boy. Its serial number showed that it was stolen.

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Speaker 2: Court records show a pending charge of carrying a concealed

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Speaker 2: weapon against Ramos from twenty twenty four. He is being

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Speaker 2: held in the Mecklenburg County Jail on a one hundred

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Speaker 2: thousand dollars bond. He is due back in court in

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Speaker 2: October and charges are likely to be upgraded by that time.

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Speaker 2: More crime and justice news after this. A South Carolina

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Speaker 2: man has been arrested for keeping four people captive in

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Speaker 2: his basement, some allegedly for years. Police began investigating thirty

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Speaker 2: five year old Donnie Ray Birchfield Junior in August after

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Speaker 2: one of the people he was holding died. The warrants

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Speaker 2: for Birchfield's arrest accuse him of holding the four people

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Speaker 2: against their will, denying them food, medical treatment, and a

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Speaker 2: means to communicate with the outside world. The warrants say

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Speaker 2: one of the victims died, but her death was not

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Speaker 2: reported until the following day. They also say that Birchfield

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Speaker 2: kept a girlfriend prisoner and routinely choked her, telling her

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Speaker 2: he knows how to dispose of a body because of

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Speaker 2: past experience. He's also accused of stealing money from the

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Speaker 2: victims and using it to pay his credit card bills

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Speaker 2: and shop at Walmart. He was arrested on August first

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Speaker 2: and charged with abuse of a vulnerable adult, false imprisonment,

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Speaker 2: and domestic violence, but the charges were not made public

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Speaker 2: until last week. He has also been charged with fraud

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Speaker 2: and exploitation as well. Warrants say the woman who died

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Speaker 2: on July twenty fourth and her husband, who was also

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Speaker 2: kept in the basement, were vulnerable adults in Birchfield was

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Speaker 2: their caregiver. The other two victims were women in romantic

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Speaker 2: relationships with Birchfield. According to the court documents, one had

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Speaker 2: been at the home since September twenty twenty four, and

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Speaker 2: the other had lived there since twenty fifteen. The document

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Speaker 2: say Birchfield controlled every aspect of the victims' lives, when

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Speaker 2: they ate and used the bathroom, when they could leave

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Speaker 2: the basement, and when they could access their cell phones,

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Speaker 2: which he kept to prevent them from calling for help.

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Speaker 2: Teresa Henson said that the man found in the basement

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Speaker 2: was her developmentally disabled brother who was living independently until

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Speaker 2: he disappeared a few years ago. His wife was the

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Speaker 2: woman who died in July.

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Speaker 1: Hey really didn't say anything because I think he was

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Speaker 1: still like trauma and a shock. Now walked down the

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Speaker 1: room and just busted out crime because it was just

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Speaker 1: so heartbreaking.

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Speaker 2: Birchfield, who maintains his innocence according to his attorney, is

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Speaker 2: being held on a one hundred and fifty thousand dollars

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Speaker 2: bond and more charges are possible. For the latest crime

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Speaker 2: and justice breaking news, be sure to follow the Crime

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Speaker 2: Alert hourly update on your favorite podcast app with this

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Speaker 2: Crime Alert. I'm Sydney Sumner, Engian