Where the Menendez Brothers’ Legal Paths to Freedom Stand

by

The renewed focus on Erik and Lyle Menendez’s potential release from a California prison, following 35 years of incarceration, has grown due to Netflix’s dramatic portrayal of their 1989 crimes and their aftermath. This renewed interest has led to various paths toward imminent freedom, which extend beyond the initial spark of hope offered by new evidence. These paths now include discussions about gubernatorial clemency and a forthcoming resentencing hearing, instigated by the dismissal of L.A.’s district attorney and delayed by his successor. The final decision on their release will be determined by the courts, as they decide the role played by the successor in this matter.

In November, approximately six weeks following the release of Ryan Murphy’s controversial series “Monsters: The Erik and Lyle Menendez Story” which reached the top 10 on Netflix, Nathan Hochman, Los Angeles’ new district attorney, emerged as a significant figure in the brothers’ 35-year legal battle. George Gascon, who faced intense criticism, was ousted by voters after multiple attempts to recall him and public outcry over his lenient crime policies. In November, following these events, Gascon relinquished his position as the city’s top law enforcement official to Hochman, a former federal prosecutor, who won the vote due to voter dissatisfaction with Gascon’s progressive policies. On the steps of L.A.’s courthouse after being sworn in, Hochman mentioned to the press that he was already considering focusing on the Menendez case and their potential resentencing – a process which Gascon had initiated earlier, as a perceived attempt to win over voters, by suggesting that the life imprisonment sentences without the possibility of parole should be reconsidered in a letter to a local judge.

This week, two prosecutors who had previously worked under Gascon in the L.A. District Attorney’s office’s Resentencing Unit, established in 2021, have filed separate complaints against the office. Nancy Theberge and Brock Lunsford allege that they were demoted and faced retaliation from the new leadership because they advocated for the resentencing of Erik and Lyle Menendez. In his internal complaint, Lunsford states that he was deprived of all supervisory duties upon Hochman taking over, which he sees as a dead-end role. Theberge claims that her support for the brothers’ resentencing cost her job, as the atmosphere in the D.A.’s office was not sympathetic to the Menendez brothers.

If Hochman has firmly decided to dismiss Theberge and Lunsford in the case, he doesn’t give that impression. He’s talked about the Menendez brothers’ case in various media interviews since becoming D.A., but hasn’t made a clear statement about their cases despite meeting with family members who want them released and reduced charges to manslaughter. The new D.A.’s only comment has been that he will carefully review all facts before making a decision, which has delayed the case until the March hearing. This delay was caused by the fact that wildfires in L.A. demanded Hochman’s attention, leading him to focus on catching looters and those taking advantage of the chaos for personal gain instead.

Robert Rand, who closely followed the brothers’ trials in the 90s and authored a comprehensive book about their crime and legal odyssey, explained to The Hollywood Reporter that Hochman can postpone or reduce the pace of the re-sentencing proceedings, but he doesn’t have the power to halt it entirely. He cannot reverse what Gascon initiated.

The ongoing legal procedure being passed among District Attorneys is set to bring brothers Eric and Lyle Menendez back before a judge in a California court, seated alongside each other for the first time since they received life sentences without parole in 1996 (as stated by Rand to THR). This joint appearance will take place at the Los Angeles County Superior Court in Van Nuys, California. Notably, this will be their first physical courtroom visit in 35 years, as they’ve been handling their legal matters from afar.

In a discussion held in January with Lyle Menendez, one of their new appellate attorneys suggested that they should physically attend court instead of using Zoom. According to the attorney, it’s crucial for a judge to observe them in person given the current times, rather than relying on outdated images from three decades ago.

It’s uncertain whether the Superior Court appearance on March 20 will lead to the desired outcome for the Menendez brothers’ lawyers, which is a new sentencing of 50 years to life, allowing them immediate parole eligibility. Instead, this court date might signify the conclusion of their resentencing journey initiated by Gascon and his legal team. Appellate Attorney Cliff Gardner stated this week that the hearing will mainly focus on determining who these men are who would be re-entering society if granted release.

Gardner stated that rehabilitation plays a significant role in successful reintegration. The reintegration plan includes assessing potential future risks, evaluating how well the individual has behaved while in custody across various safety scales, and many other factors. Given these considerations, they are likely at a very low risk of repeating their offense.

During this upcoming hearing, while it’s possible to delve into the new evidence from recent years suggesting that Erik and Lyle Menendez were abused by their father, Jose Menendez, during their adolescence, such direct discussions are not planned. However, Gardner, the attorney for the brothers, has stated that any topic is open for discussion at the hearing.

The rescheduled sentencing hearing for the Menendez brothers, who have demonstrated model behavior while in prison by focusing on education and helping fellow prisoners with trauma issues, will involve discussions about their past. Gardner mentioned this week that all subpoenas have not been issued yet for the March 20 court date, but it’s expected that several relatives supporting their release will attend and speak on their behalf.

In the courtroom, advocates should focus on the brothers’ prison records since their incarceration in the mid-1990s and address whether they have shown signs of rehabilitation.

Rand clarified that this situation isn’t related to the crime itself, but rather it pertains to their previous convictions at the state prison. This seems to be the primary strategy being pursued by the appellate lawyers.

If the resentencing hearing fails to lessen the brothers’ prison sentences, their legal team will have another chance through the habeas corpus hearing. This route offers new evidence that could win over many supporters of their freedom – a letter found in a late cousin’s desk where Erik detailed the daily abuse he endured and was written eight months before the murder of his parents; the former Menudo member who alleges he was abused by Jose Menendez. However, it doesn’t guarantee a victory for their appeals team.

Gardner stated to THR that he’s not one for betting, but he believes there’s a strong possibility for a retrial if you consider the evidence of rehabilitation and the trial-excluded evidence suggesting a different crime. The habeas corpus, however, comes with numerous challenges. When asked about what he thinks has a better chance, he simply couldn’t say.

Regarding Erik and Lyle, who are currently in prison, they maintain a guarded sense of optimism concerning the two possible routes, as per Rand’s account. He has visited these men since the revelation of their cousin’s letter and the documentary he produced shed light on Jose Menendez’s alleged abuse outside his household.

Rand expressed to THR that “They are hopeful that something occurs regarding a new sentencing, but they are completely ready to delve into habeas corpus proceedings if that’s what might secure their release.

Read More

2025-02-08 05:25