Newsom Orders Investigation into Menendez Brothers’ Parole Eligibility
California Governor Gavin Newsom has directed the state’s parole board to conduct a comprehensive investigation into whether Erik and Lyle Menendez, convicted of the 1989 murders of their parents, pose a threat to public safety should they be released from prison. This move potentially opens a new avenue for the brothers to seek freedom after spending over three decades incarcerated for the highly publicized and brutal killings of their parents, Jose and Kitty Menendez.
Newsom announced the investigation on his new podcast, "This is Gavin Newsom," stating that public safety experts and forensic psychologists will conduct a risk assessment for the parole board. The assessment aims to determine the potential danger the brothers could pose to the public if released. The findings of this investigation will be shared with Los Angeles County District Attorney Nathan Hochman and the Los Angeles County judge currently overseeing the brothers’ ongoing resentencing efforts.
"There’s no guarantee of outcome here," Newsom stated on his podcast, emphasizing the gravity and complexity of the decision. "My office conducts dozens and dozens of these clemency reviews on a consistent basis. But this process simply provides more transparency, which I think is important in this case, as well as provides us more due diligence before I make any determination for clemency."
The Governor’s decision follows a clemency request filed by the Menendez brothers’ attorneys months prior and comes shortly after newly elected District Attorney Hochman expressed his opposition to a new trial for the brothers. Hochman’s predecessor, George Gascón, who lost his reelection bid a month later, had previously supported clemency for the brothers and recommended resentencing, arguing that they had already paid their debt to society.
Hochman’s stance presents a potential obstacle to the Menendez brothers’ hopes for release. His opposition to a new trial suggests a skepticism towards the brothers’ claims of abuse and self-defense, which have been central to their defense strategy over the years.
The Menendez brothers’ defense attorneys, Mark Geragos and Cliff Gardner, responded to Newsom’s announcement with gratitude. In a statement, they acknowledged that the Governor’s action doesn’t guarantee a commutation of their sentences. "Instead, this initial step reflects the Governor’s considered decision to at least obtain the information required to make a fair decision." Geragos’ office also announced that relatives advocating for the brothers’ release have scheduled a press conference in Los Angeles following Newsom’s letter.
The Menendez brothers’ case has been a source of intense public fascination since the murders occurred. The brothers initially misled police, suggesting that the killings might have been connected to organized crime. However, their defense attorneys later argued that they acted in self-defense after enduring years of physical and sexual abuse at the hands of their parents. They claimed to have feared for their lives, leading them to commit the parricide.
Prosecutors, on the other hand, cast doubt on the abuse allegations, suggesting that the brothers were motivated by greed, seeking to inherit their parents’ $15 million fortune. They highlighted the brothers’ lavish spending spree in the aftermath of the murders as evidence of their avarice.
The initial trials of the Menendez brothers in 1993 resulted in hung juries, highlighting the complexities and conflicting narratives surrounding the case. Defense lawyers have consistently argued that the judge overseeing the second trial excluded crucial evidence of the alleged abuse, which they believe could have swayed the jury’s decision.
The case has experienced a resurgence in public interest in recent years, fueled by critically acclaimed documentaries and podcasts that have brought renewed scrutiny to the details of the crime and the circumstances surrounding it. In May 2023, the brothers’ attorneys submitted new evidence, including a letter allegedly written by Erik Menendez to his cousin, alluding to abuse by his father, and an affidavit from Roy Rossello, a former member of the boy band Menudo, who claimed that Jose Menendez sexually abused him in the 1980s.
Next month, a California judge will conduct a two-day resentencing hearing that could significantly alter the course of the Menendez brothers’ lives. The judge will determine whether to commute their current sentences of life in prison without the possibility of parole, potentially paving the way for their eventual release. The judge’s decision will hinge on whether the brothers should be resentenced and become eligible for parole consideration.
If the judge decides to resentence the brothers, the parole board will then evaluate their suitability for release, assessing whether they have been rehabilitated and whether they pose a risk to public safety. This evaluation will consider their behavior in prison, their remorse for their crimes, and their plans for reintegration into society.
Ultimately, the final decision on whether to grant parole rests with Governor Newsom. Under California law, the governor has the authority to accept, modify, or reverse the parole board’s decision. The governor also retains the power to grant clemency independently, regardless of the parole board’s recommendation.
Newsom’s decision to order an investigation represents a crucial step in the long and complicated legal saga of the Menendez brothers. The investigation will provide valuable information to the parole board, the district attorney, and the judge overseeing the resentencing efforts. It will also contribute to a more transparent and informed decision-making process for Governor Newsom as he considers whether to grant clemency to the brothers. The outcome of this process will have profound implications for the Menendez brothers and will likely continue to captivate public attention for years to come. The brothers’ fate hangs in the balance as the legal system grapples with the complexities of their case, the severity of their crime, and the potential for rehabilitation after decades of incarceration.
