In a significant development concerning the case of Lyle and Erik Menendez, Governor Gavin Newsom of California has instructed the state parole board to determine if the brothers are fit for release, nearly three decades after being incarcerated for the 1989 murder of their parents. Defense lawyers Mark Geragos and Cliff Gardner confirmed that a “comprehensive risk assessment” will be conducted to evaluate the extent of the brothers’ rehabilitation.
The decision by Governor Newsom, while not an immediate commutation of the sentences, is seen as an essential step towards considering the possibility of the Menendez brothers living outside prison. “The family recognizes this is an initial step that enables the gathering of critical information for a balanced decision after 35 years in custody,” said Geragos and Gardner.
The parole board is tasked with completing this risk assessment within the next 90 days, and following that, a hearing will be held involving the participation of victims’ family members and prosecutors. Governor Newsom emphasized the need for the state to maintain thoroughness and transparency throughout this process.
Governor Newsom has articulated his aim to ascertain whether Lyle and Erik Menendez continue to be a threat to public safety. He reiterated that understanding whether they pose an “unreasonable risk” is pivotal for any potential parole decision contingent upon the legal frameworks of the state.
The Menendez brothers are exploring several pathways to potentially secure their release: seeking clemency from Governor Newsom, a resentencing hearing, and the possibility of a new trial. While Los Angeles District Attorney Nathan Hochman is against a new trial for the brothers, he has yet to decide on supporting the resentencing, which might lead to their parole eligibility.
Currently, the motion for a resentencing is scheduled for consideration in a March hearing, setting the stage for the brothers to be immediately eligible for parole. Convicted of murdering their parents, Jose and Kitty Menendez, in a case that drew national attention, they were sentenced to life behind bars without the possibility of parole.
In recent years, fueled by claims of “new evidence,” their attorneys have sought to challenge the conviction, citing an alleged history of sexual abuse by their father as substantial grounds for a re-evaluation of the case. Hochman, however, doubts these claims and argues they do not alter the foundational aspects of the original conviction.
Hochman’s dismissal of the Menendez brothers’ claims of abuse has sparked criticism from the family, who view his stance as a misreading of their traumatic experiences. The family has criticized the justice system’s past and present failure to adequately consider these factors.
Both Erik and Lyle Menendez confessed to committing the crime in their late teens and early twenties, claiming the homicide was a desperate act of self-preservation. However, prosecutors argued that claims of molestation were fabricated, positing that the murder was financially motivated.
The dynamics of the case have recently been spotlighted by a true-crime series, “Monsters: The Lyle and Erik Menendez Story,” streamed by Netflix, rekindling public interest and discussions surrounding their legal battle. Former District Attorney George Gascón had suggested a 50-years-to-life re-sentencing for the brothers, a stance now under review by his successor.
