Governor demands parole review for Menendez brothers’ risk

In a recent development, California Governor Gavin Newsom has directed the state parole board to determine whether Lyle and Erik Menendez would pose any threat to society if released from prison. The brothers have been incarcerated for nearly thirty years for the 1989 murder of their parents, Jose and Kitty Menendez. Their attorneys, Mark Geragos and Cliff Gardner, expressed appreciation for Newsom’s initiative to conduct a “comprehensive risk assessment” to assess the brothers’ rehabilitation status.

Although this move does not imply a direct commutation of the siblings’ sentences, their legal team is optimistic that it signifies a methodical approach to review whether Erik and Lyle, after spending 35 years in prison, have genuinely transformed enough to reintegrate into society. The timeline for this investigation, however, remains unspecified, and a follow-up request for additional information has been dispatched to the governor’s office.

The Menendez brothers are pursuing several legal strategies to secure their release. They are seeking clemency from Governor Newsom, requesting a resentencing hearing, and pursuing a new trial. Los Angeles District Attorney Nathan Hochman has opposed the prospect of a new trial but has yet to decide on supporting a potential resentencing that might grant the brothers their freedom. Newsom indicated that a clemency decision would follow once Hochman completes his review of the case.

Convicted for the murders, the brothers were condemned to life without parole. However, recent years have seen a resurgence of their efforts to gain freedom, supported by new allegations of sexual abuse by their father, which their attorneys claim is corroborated by the majority of their extended family. Hochman, however, has filed a response urging the Los Angeles County Superior Court to dismiss a 2023 habeas petition from the brothers’ lawyers, which seeks reevaluation of their case, partly based on these abuse allegations.

Hochman expressed skepticism about the abuse evidence, asserting it was irrelevant and disputing the notion that the killings were an act of self-defense. He also questioned the reliability of the brothers’ accounts of abuse, noting inconsistencies in their reasons for the murders. This stance has been met with strong objections from the Menendez family, who labeled Hochman’s actions as “abhorrent” and accused him of neglecting the psychological trauma endured by the brothers.

At the time of their crime, Lyle Menendez was 21, and Erik was 18. They confessed to using a shotgun against their parents, claiming it was out of fear of being killed to prevent revealing their father’s molestation of Erik. Despite these claims, prosecutors highlighted a lack of evidence supporting molestation and sought to characterize the murders as financially motivated.

The upcoming resentencing hearing anticipated in March could make the Menendez brothers eligible for parole. The proceedings will explore the possibility of their rehabilitation during their incarceration. Former LA County District Attorney George Gascón had previously suggested a sentence revision to 50 years to life, though he lost the election to Hochman.

Hochman is currently reviewing the case, which encompasses extensive prison documentation, and has engaged with the brothers’ relatives. Meanwhile, public interest in the case has been revived, in part due to the airing of Netflix’s true-crime drama, “Monsters: The Lyle and Erik Menendez Story.”