California Governor Gavin Newsom has deferred a decision on the clemency requests of Erik and Lyle Menendez until the incoming Los Angeles County District Attorney, Nathan Hochman, reviews the case.
This postponement delays any potential release of the brothers before Thanksgiving, and the incoming Hochman may have a different perspective on the case.
In a statement released Monday, per The Hollywood Reporter, Newsom’s office emphasized the importance of the District Attorney’s role in ensuring justice, stating, “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.”
Consequently, Newsom will await Hochman’s assessment before making any clemency decisions.
Hochman, a former federal prosecutor, will assume office on December 2, 2024, after defeating incumbent George Gascón in the recent election.
He has expressed his intention to conduct a thorough review of the Menendez case upon taking office, stating, “Once I take office on Dec. 2, I look forward to putting in the hard work to thoroughly review the facts and law of the Menendez case, including reviewing the confidential prison files, the transcripts of the two trials and the voluminous exhibits, as well as speaking with the prosecutors, defense attorneys and victim family members.”
Menendez Brothers had the support of the outgoing District Attorney George Gascón
The Menendez brothers have been serving life sentences without the possibility of parole since their 1996 conviction for the 1989 murders of their parents, José and Kitty Menendez.
Their case has recently garnered renewed public interest, partly due to the Netflix series Monsters: The Lyle and Erik Menendez Story, which has brought attention to allegations of sexual abuse by their father. This resurgence in interest has led to increased public support for their release.
Outgoing District Attorney George Gascón had supported the brothers’ clemency bid, citing their exemplary behavior during nearly three decades of incarceration and the new evidence suggesting a history of abuse.
In a letter to Governor Newsom, Gascón stated, “I strongly support clemency for Erik and Lyle Menendez, who are currently serving sentences of life without possibility of parole. They have respectively served 34 years and have continued their educations and worked to create new programs to support the rehabilitation of fellow inmates.”
The brothers’ attorney, Mark Geragos, has been actively pursuing clemency as a more expedient route to their release, compared to the lengthier habeas corpus proceedings. Geragos filed the clemency request on October 28, 2024, with the support of Gascón’s office.
The evidence supporting the Menendez Brothers’ potential release
The case has also been influenced by new testimonies, including allegations from former Menudo band member Roy Rosselló, who claimed he was sexually assaulted by José Menendez as a teenager.
Additionally, a letter from Erik Menendez to his cousin, written before the murders, has surfaced, indicating the alleged abuse. These developments have bolstered the brothers’ claims that they acted in self-defense after enduring years of abuse.
Despite the support from Gascón and the new evidence, the decision now rests with Governor Newsom and the incoming District Attorney Hochman.
Hochman has indicated that he will not be swayed by public opinion or media portrayals and is yet to reveal his opinion on the case, which leaves their future and potential taste at freedom uncertain.
The Menendez brothers’ resentencing hearing is scheduled for December 11, 2024, following Hochman’s assumption of office on December 2. This hearing will allow the new District Attorney to present his findings and recommendations regarding the case.
Their choice to commit murder was an unforgivable option.