With the likelihood of a prison release for convicted double murderers Erik and Lyle Menendez dwindling following their failed resentencing bid, California Governor Gavin Newsom intends to use the strategy he devised for them and apply it to possible clemency cases across the state.
On Monday, it emerged that Nathan Hochman’s office in the Los Angeles District Attorney’s office has decided not to follow through with a previous request to reduce the sentences of the Menendez brothers. This decision comes as they have allegedly failed to demonstrate a full understanding of their criminal actions. The brothers have been incarcerated in California since 1996 for the double murder that occurred in 1989, which they claim was the culmination of years of sexual abuse and other domestic atrocities, as well as self-defense; however, many view it as a cold-blooded crime motivated by greed. A second trial resulted in their conviction, sending them to prison for life.
The decision made by Hichman last Monday regarding the case has essentially closed one of the three legal paths towards freedom for the brothers, following the discovery of compelling evidence over the past few years supporting their initial claim of long-term abuse by their father. However, the brothers had been closely monitoring a different legal route involving reduced sentencing, which appeared promising, but recently started to crumble when Hichman finally expressed his views on prison rehabilitation for double-murderer inmates, after being silent for months about their cases. Unfortunately, Hichman’s comments were far from positive and were found to be untruthful. Yet, just a few days later, a new advocate appeared on the scene for the “Free the Menendez” movement, who deserve credit for generating support on TikTok, as the show’s creators stated, which caught people’s attention and led to the hugely successful series.
On February 26, Governor Newsom indicated a possible endorsement of the release of Erik and Lyle by urging the California Parole Board to evaluate their potential danger to the public. The evaluation aims to determine if, despite spending decades in prison while showing exemplary behavior and focusing on helping fellow inmates heal trauma, the brothers might still present an unacceptable risk to public safety upon release.
Last week, Newsom mentioned during his podcast that his office frequently reviews many cases for clemency, stating there are numerous such reviews carried out regularly. He also emphasized that this action does not imply a decision has already been made regarding the brothers’ outcome.
He emphasized that this process enhances clarity, which he considers vital in this specific situation. It seems that he now views transparency as essential for all clemency petitions, as he’s making the procedures he’s mandated in the closely-monitored Menendez case applicable to all such cases arriving at the governor’s office. In essence, this implies that the initial investigations by the parole board for potential clemency will commence once other processes are set in motion, benefiting prisoners seeking prison release – these are usually instances where parole is proposed and granted through a reduced sentence, as in Newsom’s case.
Newsom’s decision to test-run his new proposal on the flagpole gives us some key insights about the ongoing Menendez case: First, it means that there will be no decisions made regarding the brothers’ fate until June, as a 90-day review period for the board is being strictly followed. Second, there appears to be growing public support for their release, given that reports on their decades in prison will highlight their humanitarian work with fellow traumatized inmates, the large mural project they spearheaded, and their relatively non-violent behavior. However, it remains unclear whether Newsom intends to grant them clemency.
Robert Rand, an author known for his comprehensive work on the Menendez story, shared with The Hollywood Reporter: ‘It’s that unpredictable factor.’ He continued, ‘We can’t predict what he’ll do next. I expect the risk assessment to conclude they pose no threat to California residents. So, it seems Newson needs to intervene. I have faith he will.’
After streamlining the investigative procedure, a board will conduct a hearing, submit their findings and recommendations – including a report – to both the governor’s office for possible clemency consideration and to courts for potential re-sentencing. The goal is to promote transparency and clarity in how these decisions are made, with community safety always being a top priority.
Justice may not see, but it’s crucial that we aren’t left uninformed when deciding if an offender has been rehabilitated, is safe, and prepared to leave prison,” Newsom expressed. “This updated approach will enhance transparency by involving victims and district attorneys during the clemency process, ultimately boosting public safety by prioritizing risk assessment as we do in the Menendez case.
Over the course of his six-year tenure, Governor Newsom has issued 208 pardons and 141 commutations. Given his term-limit, he won’t be running for re-election. In the year 2023 alone, California Parole Board granted freedom to only 1425 out of a total 4,072 inmates who had applied for release.
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2025-03-11 01:25