California Governor Gavin Newsom has taken a step toward reviewing the possibility of releasing the Menendez brothers by ordering a comprehensive “risk assessment” from the state’s parole board. This investigation will assess whether Lyle and Erik Menendez pose an “unreasonable risk to the public” if granted parole.
In a letter sent to the brothers’ attorney, Mark Geragos, Newsom highlighted the importance of public safety as the main factor in evaluating any clemency application. The governor’s office emphasized that several aspects will be considered, including the applicant’s current risk level, the impact on victims and survivors, and whether the applicant has taken part in rehabilitative programs that address treatment needs and reduce the risk of reoffending.
Governor Newsom also made it clear that this process provides transparency and due diligence before any final decisions are made regarding clemency. “There’s no guarantee of outcome here,” Newsom stated on his podcast, This is Gavin Newsom. He explained that while his office regularly conducts these types of reviews, each case is unique and must be carefully considered.
Geragos expressed optimism about the investigation, calling Newsom’s decision “gratifying and hopeful.” However, a press conference planned by a group of Menendez relatives advocating for their release was postponed following the governor’s letter.
Key Developments in the Menendez Case
The parole board will have 90 days to complete the risk assessment. Afterward, if Newsom approves the brothers’ release, the case will move forward to the parole board for a formal review, which could take up to six months.
Lyle and Erik Menendez have been serving life sentences without the possibility of parole since 1996 for the murders of their parents, Kitty and Jose Menendez, in 1989. The brothers have been actively seeking clemency, and in November, Newsom had previously stated that he would wait for an in-depth review by the Los Angeles County District Attorney Nathan Hochman before making any final decisions on their case.
According to prison records, Erik Menendez has maintained an almost perfect conduct record, while Lyle’s record includes a few minor infractions. Despite this, both brothers have been praised for their efforts to help fellow inmates, including their involvement in hospice programs and a green space initiative at the Richard J. Donovan Correctional Facility near San Diego.
Legal Pathways to Freedom
Apart from seeking clemency, the Menendez brothers are pursuing other avenues for their release. One of these is a habeas corpus petition, filed in 2023, which asks for a review of new evidence that was not presented during their original trial.
The new evidence includes a letter written by Erik Menendez to his cousin, in which he describes the alleged abuse he suffered at the hands of his father. Another piece of evidence comes from a former boy band member who recently came forward with allegations of being sexually abused by their father, Jose Menendez.
Los Angeles District Attorney Nathan Hochman has requested that the court dismiss the brothers’ habeas corpus petition, arguing that the new evidence is neither credible nor admissible in court.
The second legal avenue being pursued is resentencing. In October 2023, former LA County District Attorney George Gascón announced his support for resentencing the Menendez brothers. Gascón recommended that their life sentences without parole be converted to a sentence of 50 years to life for murder, making them eligible for parole immediately due to their age at the time of the crime (both brothers were under 26).
Gascón also emphasized the importance of rehabilitation, noting the brothers’ work to better themselves in prison and help others. However, after Gascón lost his reelection bid in December 2023, Hochman, his successor, promised to conduct a thorough review of the facts before making any decisions about resentencing. A hearing on the resentencing case is scheduled for March 20 and 21, 2025.
The Menendez Brothers’ Trial and Conviction
The Menendez brothers’ case began in 1989 when the pair, then aged 21 and 18, shot and killed their parents in their Beverly Hills home. The defense team argued that the brothers acted in self-defense after enduring years of sexual abuse by their father, while the prosecution contended that the murders were motivated by a desire for money.
Their first trial ended in a mistrial, but they were convicted in 1996 following a second trial. They were sentenced to two consecutive life terms in prison without the possibility of parole.
As the Menendez brothers continue to pursue clemency and resentencing, many people remain divided over whether they should be given a second chance. The coming months will likely bring more clarity on the brothers’ future as both legal and political considerations weigh heavily on their case.
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