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Menendez brothers’ three paths to freedom revealed as LA DA pushes for clemency

Menendez Brothers
Booking photos from October 10, 2024, show Erik and Lyle Menendez. Pic credit: CDRC

Los Angeles County District Attorney George Gascón is supporting a bid to seek clemency for Lyle and Erik Menendez.

The brothers were imprisoned for killing their parents, Jose and Kitty Menendez, in 1989. 

Gascón’s support, announced recently, represents a potential shift in the long-standing legal narrative around the case, which has seen the Menendez brothers serving life sentences without parole since 1996.

Gascón has expressed that he will submit a letter to California Governor Gavin Newsom recommending clemency, per ABC, either to reduce the brothers’ sentences or to grant a full pardon. 

His advocacy is rooted in considerations of evidence and insights into the Menendez case, especially regarding claims of severe abuse by their father, which the defense argued was the primary motivation for the murders. 

The Menendez brothers were teenagers at the time of the incident, and Gascón believes that recent findings, including letters and statements from a former Menudo band member alleging sexual abuse by Jose Menendez, support a reconsideration of their case.

The Menendez brothers have three options to regain their freedom

The clemency route isn’t the only potential path to freedom. Gascón’s office has also recommended resentencing, suggesting that the original life sentences be reduced to terms that could make the brothers eligible for parole immediately. 

Gascón has acknowledged their lengthy prison tenure and rehabilitative efforts, stating that they’ve contributed positively to the prison community by mentoring fellow inmates and advocating for better prison conditions. 

He emphasized that this approach does not excuse murder but reflects a broader perspective on justice, considering the abuse and trauma that may have influenced their actions.

Despite Gascón’s support, some opposition persists, notably from family members and victims’ advocates who argue that life sentences should stand. 

The Los Angeles Superior Court will now make the final decision on resentencing, after which a parole board could make the ultimate determination. 

New evidence and clemency efforts spark debate 

Additionally, the Menendez brothers’ legal team filed a habeas corpus petition last year, introducing new evidence that could reopen the case. 

This petition includes a letter from Erik Menendez detailing alleged abuse, which surfaced years after the original trial.

This latest push by Gascón and the possibility of clemency underscore ongoing debates in the justice system regarding trauma-informed sentencing, particularly for cases involving allegations of abuse. 

Should the clemency or resentencing be granted, it would mark a significant shift in one of California’s most notorious cases, potentially setting a precedent for cases with similar histories of alleged abuse and trauma.

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