California Governor Gavin Newsom will defer his decision on clemency requests from Erik and Lyle Menendez, who are serving life without parole for the murder of their parents in 1989. He will wait for the newly elected Los Angeles District Attorney Nathan Hochman to review the case, respecting the voters’ wishes to remove George Gascon. Hochman, a former federal prosecutor, plans to thoroughly review all aspects of the case before making a decision, including confidential prison files and trial transcripts. The resentencing hearing for the Menendez brothers is scheduled for December 11.
The Menendez brothers have been incarcerated since 1996 for murdering their parents, claiming self-defense due to alleged child abuse by their father. Over two dozen relatives, including Kitty’s sister, support their release, but their brother opposes clemency. Hochman will continue the resentencing process initiated by Gascon, seeking input from prosecutors, defense attorneys, and victims’ family members. Governor Newsom has the final say on any resentencing decisions that make the brothers eligible for parole and could grant clemency or a pardon.
Gascon, who asked the governor to grant immediate clemency to the brothers despite the established legal process, initiated the resentencing proceedings before his election defeat. If the resentencing continues under Hochman, Newsom retains the power to veto any parole board decisions and make final clemency or pardon determinations. Additionally, the brothers have filed a habeas corpus petition based on new evidence supporting their child abuse claims, aiming to prove their innocence.
The decision on the Menendez brothers’ case will be deferred until District Attorney Hochman has completed his review and analysis. This will include a thorough examination of prison files, trial transcripts, and conversations with involved parties. Governor Newsom respects the role of the district attorney in ensuring justice is served and acknowledges the trust placed in Hochman by voters to carry out this responsibility. The brothers’ lawyer’s goal of having them home for Thanksgiving appears unlikely due to the ongoing legal proceedings.
Newsom’s decision to wait for Hochman’s review reflects his commitment to the legal process and ensuring justice is done in the Menendez case. The complex history of the brothers’ convictions, based on their claims of self-defense and child abuse, requires a detailed analysis of all available evidence. The extensive support for the brothers’ release from some family members adds another layer of complexity to the case, underscoring the need for a comprehensive review process before any potential clemency decisions are made.
