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Gov. Newsom Orders Menendez Brothers’ Parole Risk Assessment

Gov. Newsom Orders Menendez Brothers’ Parole Risk Assessment

Gov. Newsom Orders Menendez Brothers’ Parole Risk Assessment \ Newslooks \ Washington DC \ Mary Sidiqi \ Evening Edition \ California Governor Gavin Newsom has directed the state parole board to conduct a comprehensive risk assessment to determine whether Lyle and Erik Menendez pose a threat to public safety if released. The brothers, serving life without parole for the 1989 murder of their parents, have renewed efforts for clemency, resentencing, or a new trial, citing allegations of sexual abuse by their father. Los Angeles DA Nathan Hochman opposes a new trial but has not yet decided on resentencing. The risk assessment must be completed within 90 days, after which a hearing will be held.

Gov. Newsom Orders Menendez Brothers’ Parole Risk Assessment
FILE – This combination of two booking photos provided by the California Department of Corrections shows Erik Menendez, left, and Lyle Menendez. (California Dept. of Corrections via AP, File)

Menendez Brothers’ Case Review: Quick Looks

  • Gov. Newsom’s Directive: The California parole board will assess the brothers’ rehabilitation and risk to public safety.
  • 90-Day Deadline: The risk assessment must be completed within three months, followed by a public hearing.
  • Possible Resentencing: A March hearing could make the brothers eligible for parole.
  • Prosecutor Opposition: DA Nathan Hochman opposes a new trial, citing unreliable testimony and lack of evidence.
  • Sexual Abuse Claims: The brothers argue they killed their parents in self-defense due to alleged long-term abuse by their father.

Deep Look

Gov. Newsom Orders Risk Assessment for Potential Release

California Governor Gavin Newsom has taken a significant step in the case of Lyle and Erik Menendez, ordering the state parole board to evaluate whether the brothers should be released after 35 years in prison. The assessment will determine if they pose an “unreasonable risk” to public safety, which is the legal standard for granting parole or commutation.

“This does not mean he will commute their sentences,” said attorneys Mark Geragos and Cliff Gardner. “It is simply the first step toward a fair decision.”

The parole board has 90 days to complete the risk evaluation. Afterward, a hearing will be held where victims’ family members and prosecutors can present their arguments.

Newsom said on his podcast Wednesday that his goal is to ensure transparency and due diligence in such a high-profile case:

“The question for the board is simple: Do Erik and Lyle Menendez pose an unreasonable risk to public safety?”

The Menendez Brothers’ Path to Freedom

The Menendez brothers are pursuing multiple legal avenues for release, including:

  • Clemency from Gov. Newsom (which depends on the risk assessment and public hearing).
  • A resentencing hearing in March, which could make them eligible for parole.
  • A habeas corpus petition for a new trial, based on new evidence of alleged sexual abuse by their father.

While DA Nathan Hochman opposes a new trial, he has not yet decided whether to support resentencing, which could reduce their sentence and make them parole-eligible.

The 1989 Murder Case and Sexual Abuse Allegations

Lyle (then 21) and Erik (then 18) shot their parents, Jose and Kitty Menendez, in their Beverly Hills home, later claiming they acted in self-defense after years of sexual and physical abuse by their father.

The Prosecution’s Case (1996 Trial)

  • Prosecutors argued the killings were financially motivated, as the brothers spent lavishly after their parents’ deaths.
  • The jury convicted them of first-degree murder in 1996, sentencing them to life in prison without parole.
  • Claims of sexual abuse were largely barred from the trial, limiting the defense’s argument.

New Evidence Sparks Legal Efforts

In recent years, their attorneys claim to have uncovered new evidence supporting their claims of long-term sexual abuse by their father, Jose Menendez.

The Menendez family, except for a few relatives, supports their release, arguing:

“The justice system failed the brothers back then and continues to fail them now.”

However, Hochman disputes these claims, saying:

  • The brothers have given five different explanations for their parents’ murders.
  • There was no solid evidence of sexual abuse presented during their original trial.

In 2023, the brothers’ attorneys filed a habeas corpus petition asking the Los Angeles Superior Court to review the new evidence. Hochman has urged the court to reject the petition, calling the evidence insufficient and unreliable.

Resentencing Hearing and the Road Ahead

A March resentencing hearing could offer the brothers an immediate path to parole eligibility.

  • Former LA County DA George Gascón previously recommended resentencing them to 50 years to life (instead of life without parole).
  • Gascón lost re-election in November, and new DA Nathan Hochman is reviewing the case before deciding on resentencing.
  • If resentenced, the brothers could apply for parole for the first time in 35 years.

Hochman has been reviewing thousands of pages of prison records and meeting with the brothers’ relatives to assess their rehabilitation progress.

“The possible resentencing will take into account their behavior and rehabilitation in prison,” Hochman said.

Netflix Series Fuels Public Interest

The Menendez case has gained renewed attention, partly due to the Netflix true-crime series Monsters: The Lyle and Erik Menendez Story.

  • The show has reignited debates over their conviction, with many arguing that their original trial was unfair.
  • Some legal experts say that if the abuse allegations had been fully explored, the brothers might have received a lesser sentence.

The increased public scrutiny has put pressure on both Gov. Newsom and DA Hochman, making this one of the most high-profile criminal justice cases in California today.

What’s Next?

1️⃣ Parole board completes its risk assessment (within 90 days).
2️⃣ A public hearing is held, allowing victims’ families and prosecutors to weigh in.
3️⃣ Gov. Newsom decides on clemency after DA Hochman’s final review.
4️⃣ March resentencing hearing could make them eligible for parole.
5️⃣ Los Angeles Superior Court rules on the brothers’ habeas petition for a new trial.

Conclusion: A Case That Still Divides Public Opinion

The Menendez brothers’ case remains one of the most controversial in U.S. legal history, with:

  • Supporters arguing they were victims of severe abuse and acted in self-defense.
  • Critics insisting the killings were premeditated and financially motivated.
  • Gov. Newsom and DA Hochman weighing parole, clemency, or resentencing.

With the parole board’s review, upcoming hearings, and potential resentencing, the next few months will determine whether the brothers could walk free after 35 years behind bars.

Will justice be redefined, or will the original life sentences stand? The answer lies in Gov. Newsom’s hands.

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