Gov. Newsom Signals Support for Menendez Brothers by Ordering Risk Assessment Probe

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After LA’s new district attorney delivered a significant blow last week, Governor Gavin Newsom has since found himself in favorable standing with the Menendez brothers, their family, and their numerous supporters. On Wednesday, he hinted at potentially granting clemency to the imprisoned convicted killers, if all other options are exhausted, by urging the California Parole Board to evaluate the risk posed by these men as they strive for freedom through an investigation of their suitability.

For over three decades, Erik and Lyle Menendez have been incarcerated for the 1989 slayings of their parents, Jose and Kitty Menendez, at their Beverly Hills residence. Their impending release has sparked significant public curiosity due to a popular Netflix series and fresh evidence presented in a 2023 documentary. This new evidence seems to validate their initial claims of self-defense during the double murders, given the alleged history of sexual, physical, and emotional abuse they suffered at the hands of their parents throughout their lives.

The assessment focuses not on specifics of their situation, but rather aims to determine if the brothers, known for their model behavior and dedication to aiding fellow prisoners in healing trauma during their 40-year tenure, could potentially endanger public safety upon release.

According to Robert Rand, author of the comprehensive book on the case titled The Menendez Murders, the Menendez brothers have been experiencing an emotional up-and-down journey since the District Attorney’s office suggested they be re-sentenced last October. It appears that Governor Newsom might favor their release, which could happen as early as later this year, either through clemency or another sentencing hearing.

As a fervent admirer of the captivating Menendez Brothers’ case, I found myself closely following the developments since Ryan Murphy’s provocative Netflix series, “Monsters: The Lyle and Erik Menendez Story,” ignited widespread curiosity. Initially, Governor Newsom had chosen to entrust the consideration of commuting their sentences to the incoming L.A. District Attorney Nathan Hochman when the idea arose last year. However, it appears that stance may have changed following Hochman’s recent declaration, several months into his tenure on the case but still silent on the matter of releasing the brothers. Last week, Hochman filed an informal response to the Los Angeles County Superior Court, urging rejection of a habeas corpus petition filed by the brothers in 2023, effectively closing that route for them.

At a Friday news conference, Hochman expressed his views on the case’s decision and questioned the validity of the evidence suggesting abuse. He argued that such evidence is inconsequential when it comes to a murder trial. This comment angered the Menendez family, who issued a statement criticizing the justice system for failing Erik and Lyle during their initial trials, and now they believe it’s repeating those mistakes.

Abuse doesn’t occur in isolation; it leaves deep-rooted marks, reshapes the mind, and confines victims within loops of fear and trauma,” the family stated. “To deny its impact on Erik and Lyle’s actions is to disregard decades of psychological studies and fundamental human insight.

As a gamer speaking,

In the past, my siblings and I asserted that we resorted to a tragic act—killing our parents with a shotgun—because we believed they might have been planning to hurt us. The reason behind this was a chilling secret: my father had been sexually abusing one of us for an extended period.

Initially, we faced separate trials, but the jurors couldn’t agree on their verdicts. Subsequently, we were put on trial together. However, during that trial, any mention of the alleged abuse we suffered throughout our childhood was strictly prohibited. Despite this, we were both found guilty and sentenced to serve two life sentences without the possibility of parole.

In a letter sent to defense attorney Mark Geragos on Wednesday, Governor Newsom’s office emphasized that their primary consideration when reviewing applications for commutation is ensuring public safety. This involves assessing the potential risk, considering the impact on victims and survivors, evaluating self-improvement since the crime was committed, and examining behavior post-offense. Additionally, the use of rehabilitation programs, addressing any treatment requirements, taking into account reduced risks for repeat offenses, and considering any other factors that may mitigate the risk are all part of the evaluation process, as stated in the letter.

On a regular basis, my office goes through numerous reviews for clemency, and while the final decision isn’t made yet, I believe it’s crucial to increase transparency, especially in this specific situation,” Newsom stated on his podcast.

After the Board finishes its investigation, it will be forwarded to both the legal team representing the brothers and District Attorney Hochman, who has been entangled in the Menendez case from his initial tenure. The former D.A., George Cascon, a progressive, had initiated the possibility of reconsidering Erik and Lyle’s sentences by requesting a judge to reevaluate their case based on new evidence. This fresh examination encompasses a letter written by Erik detailing his father’s abuse toward a cousin before the murders, as well as a new accuser, a former Menudo band member, stepping forward to claim that Jose Menendez sexually assaulted him when he was a minor.

On March 20th, Erik and Lyle Menendez are scheduled for a resentencing hearing in Superior Court. This hearing was initiated by the former District Attorney before his departure. Their legal team aims to reduce their sentence from life without parole to 50 years to life, which would make them eligible for immediate parole release. However, the new evidence that has surfaced over the past few years will not be part of the discussion during the hearing. Instead, the focus will mainly be on the characters and backgrounds of the men who may potentially re-enter society.

With the habeas petition effectively dismissed, attention shifts towards the resentencing hearing. If this doesn’t lead to a lighter sentence for Erik and Lyle, their only remaining hope for freedom lies in a clemency request from the governor. Governor Newsom, who is nearing the end of his term and not running for reelection, anticipates receiving the report resulting from the investigation initiated on Wednesday within 90 days.

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2025-02-27 04:55