California Gov. Gavin Newsom is waiting to decide whether to grant clemency to the Menendez brothers until the incoming Los Angeles County district attorney has finished reviewing the case.
Nathan Hochman’s landslide victory earlier this month cast doubt on whether Lyle and Erik Menendez could soon be released after serving more than 30 years in prison for brutally murdering their parents, Kitty and José, at the family’s Beverly Hills mansion in 1989.
The brothers, now 56 and 53, had petitioned the governor for clemency after new evidence came to light that their father had allegedly sexually abused them for years, while their mother allegedly stood by and did nothing.
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Incumbent district attorney George Gascón wrote a letter supporting the brothers’ release, but Hochman, former prosecutor who ran on a tough-on-crime platform, said he plans to do his own review of the case.
“The governor respects the role of the district attorney in ensuring justice is served and recognizes that voters have entrusted District Attorney-elect Hochman to carry out this responsibility,” Newsom’s office told The New York Times on Monday. “The governor will defer to the D.A.-elect’s review and analysis of the Menendez case prior to making any clemency decisions.”
Hochman takes office on Dec. 3 and plans to study the transcripts, exhibits, and confidential prison files produced during the brothers’ trials. He also said he would speak with prosecutors, defense attorneys, and the victims’ family members, many of whom have pushed for the brothers’ release.
He told the Daily Beast he has made a point of not watching the Ryan Murphy drama series or Netflix documentary that sparked renewed interest in the case earlier this year, saying he felt compelled to “really get deep into the facts.”
“Any time a particular case gets this level of attention, it’s even more important to get it right,” he said, promising to work quickly and with an open mind.
During the brothers’ trial, prosecutors called the alleged abuse a “total fabrication” and argued Lyle and Erik Menendez had killed their parents because they wanted to inherit the family’s wealth. The judge also limited evidence about the alleged abuse, which many family members now believe did in fact occur. The jury sided with the prosecution and sentenced the brothers to life in prison without the possibility of parole.
In addition to the request for clemency, the brothers’ lawyers have filed a writ of habeas corpus arguing they killed in self-defense to end their father’s alleged sexual and psychological abuse. Gascón has also asked a judge to resentence the brothers, with a hearing scheduled for Dec. 11.
According to the Times, Hochman might ask for the resentencing hearing to be delayed, once again dimming their prospects of being released anytime soon.
