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Menendez Brothers Why New Evidence Warrants New Trial ... Mark Geragos States Case

Erik and Lyle Menendez have at least 2 new pieces of evidence backing their claim their father was molesting them, and their new high-powered attorney says it's enough for them to get a new trial ... and perhaps a new verdict.

Mark Geragos joined us Thursday on "TMZ Live," explaining why a recently discovered letter written by Erik, as well as the rape claims made by former Menudo member Roy Rossello, are both crucial if they get their day back in court.

He says either piece of evidence -- the letter or Rossello's allegation -- could've resulted in a way different outcome in the 90s. Remember, they were sentenced to life in prison without the possibility of parole.

As we reported, new legal docs filed by Geragos, and obtained by TMZ, reference Rossello's claim he was drugged and raped by the brothers' father, Jose. The petition also points to a letter Erik wrote to a cousin months before they shot their parents in which he says his father was molesting them.

We asked Geragos, hypothetically, if a judge grants the brothers a new trial ... how would he address the fact Erik and Lyle still premeditatively killed not only Jose, but their mother, Kitty, as well. He had a very interesting response.

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BTW -- attorney Alan Jackson told us he felt the chances of them getting another trial were slim ... but Mark clearly doesn't see it that way.

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