SACRAMENTO, Calif. — California’s Governor Gavin Newsom has announced he will delay making a decision regarding clemency for the murder convictions of Erik and Kyle Menendez until the newly elected Los Angeles County District Attorney, Nathan Hochman, has the opportunity to review the nearly 35-year-old case.
In October, prosecutors had already put forth a recommendation for resentencing the brothers, who were convicted of murdering their parents in 1989 at their Beverly Hills residence. The current District Attorney, George Gascón, proposed that a judge impose a new sentence of 50 years to life, which may allow for immediate parole eligibility.
As Gascón, who received the governor’s backing, was recently defeated in the election, Newsom stated he would like to provide the new district attorney the necessary time to evaluate the case thoroughly.
According to a statement from the governor’s office released on Monday, “The governor respects the role of the district attorney in ensuring justice is served and recognizes that voters have entrusted District Attorney-elect Hochman to carry out this responsibility. The governor will defer to the DA-elect’s review and analysis of the Menendez case prior to making any clemency decisions.”
Last week, Hochman commented that he cannot provide any insights on the resentencing recommendation until he has had sufficient time to review relevant confidential documents related to the Menendez brothers.
The brothers were initially sentenced to life imprisonment without the possibility of parole back in 1996. At the time of the murders, Lyle Menendez was 21 years old, and Erik Menendez was 18. They confessed to fatally shooting their father, Jose Menendez, who was a prominent entertainment executive, and their mother, Kitty Menendez.
They faced two trials for the murder of their parents, with the first resulting in a hung jury. The brothers contended that they shot their parents in self-defense, fearing that their parents were about to kill them to hide their father’s long-term sexual abuse of Erik. Conversely, prosecutors argued that the murders were committed for financial reasons, insisting that no abuse had taken place.
The extended family of the Menendez brothers has been vocal in their support for the brothers’ release, claiming that in today’s society, which is more sensitive to the effects of sexual abuse, the brothers would likely not have been convicted of first-degree murder or received life sentences without parole.
The attorney representing the Menendez brothers initially filed a petition to have their case reexamined in May 2023.