California Governor Gavin Newsom announced on Monday that he will defer any decision regarding clemency for Lyle and Erik Menendez, who were convicted of murdering their parents in 1989, until the incoming Los Angeles County district attorney conducts a review of the case.
The current district attorney, George Gascón, requested a judge in October to resentence the Menendez brothers, who are serving life sentences without parole. Gascón also expressed support for the brothers' clemency petition, which they submitted to Newsom.
Following Gascón's recent defeat in the election to Nathan Hochman, a former federal prosecutor with a strong stance on crime, uncertainty surrounds the future of the resentencing initiative.
In a statement, Newsom's office indicated respect for the incoming district attorney's role in the case, emphasizing the need for an analysis by Hochman before any clemency decisions are made.
Hochman has committed to reviewing the Menendez case upon taking office on December 3, and he may request a delay of a scheduled court hearing on December 11 regarding the resentencing petition.
He stated, “Once I take office on Dec. 3, 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.”
The Menendez brothers' case gained significant media attention in the 1990s, particularly due to the sensational circumstances surrounding the murders and the family's wealth. Their first trial resulted in hung juries, making it one of the first trials broadcast to a national audience.
The brothers have claimed they were sexually abused by their father and feared for their safety. However, testimony regarding the abuse was largely excluded from their second trial, which concluded with their conviction.
Renewed interest in the case has emerged following a Netflix docudrama and documentary exploring the abuse allegations. Concurrently, the brothers' attorneys have submitted a petition to a Los Angeles court claiming new evidence supporting their allegations, which is separate from Gascón's resentencing initiative and the clemency request to Newsom.
Gascón noted that the recent media attention led to a surge of public interest in the case, prompting a faster review process. He stated that while the murders were heinous, the brothers have been model inmates, and he found the abuse claims credible. Support for the brothers' release has also come from family members on both sides.
Gascón recommended resentencing them to 50 years to life, which would allow for potential parole eligibility given their ages at the time of the crime. He acknowledged internal disagreement within his office regarding leniency in this case.
Last month, Governor Newsom indicated in a podcast that his team had been researching the Menendez brothers' case and awaited the Los Angeles Superior Court's decision. At that time, he recognized the potential impact of the recent documentaries, describing the new evidence as “compelling,” but asserted that he would reserve judgment pending further examination.
He emphasized, “What matters are the facts. What matters is justice and fairness. Not treating them any worse because they’re celebrities. Not treating them, certainly, any better because they’re celebrities.”