The Menendez brothers‘ bid for release from prison has hit a snag, as a Los Angeles judge set a Dec. 11 date to consider the D.A.’s request to resentence them.
District Attorney George Gascón may no longer be in office by that time, which could mean the request is withdrawn before it is heard. The Menendez defense team is now pursuing an alternate path in the form of a clemency request to Gov. Gavin Newsom.
The brothers are serving sentences of life without parole for the 1989 shotgun murders of their parents, Jose and Kitty. Their case drew renewed attention with the release of the Ryan Murphy series “Monsters: The Lyle and Erik Menendez Story,” which topped the Netflix charts last month.
Gascón announced last week that he would seek to have the brothers’ sentences reduced, which if approved by a judge would make them immediately eligible for parole.
But Gascón is trailing badly in public polling in his race for reelection. If he is defeated next week, his successor, Nathan Hochman, would be sworn in on Dec. 2, according to the L.A. County Charter.
Judge Michael Jesic has tentatively set a Dec. 11 date for a hearing on the request, according to his clerk.
Once in office, Hochman could withdraw Gascón’s request, provided he cites a “legitimate reason,” according to a 2023 ruling by the California Court of Appeal for the 1st District. The judge would not be required to allow the withdrawal, but would have that option, according to the appeals court in People v. Vaesau.
Hochman has not said how he would handle the case, but has criticized Gascón for using the Menendez brothers in a last-ditch effort to distract voters from his missteps in office.
A status hearing has also been set for Nov. 25.
Gascón on Wednesday urged Newsom to grant clemency for the Menendez brothers.
“I strongly support clemency for Erik and Lyle Menendez, who are currently serving sentences of life without possibility of parole,” Gascón said. “They have respectively served 34 years and have continued their educations and worked to create new programs to support the rehabilitation of fellow inmates.”
The governor’s office said it could not comment on the case.
“Pending clemency applications are confidential and we’re not able to discuss individual cases,” a spokesperson said in a statement.
Gascón asked last week that the brothers be resentenced to 50 years to life, citing their rehabilitation behind bars and the abuse they suffered as children.
If that request were approved, the governor would still have to weigh in on their release. The state Board of Parole Hearings would then have to determine that they do not pose a risk to society, and that recommendation would go to Newsom for approval.
Newsom also has the power to grant a pardon or to commute sentences. Gascón submitted two letters to Newsom on Wednesday urging him to exercise that power.
The Menendez’ brothers’ attorney, Mark Geragos, told TMZ Wednesday that he is also seeking to have their convictions reduced to manslaughter — a much lower offense than special circumstances first-degree murder. If that request were approved, they would be freed immediately without having to go to the parole board.
Geragos has repeatedly said he wants the brothers home by Thanksgiving.
Newsom was asked about the case on the Politickin’ podcast on Saturday. He did not take a position on the case, but listed factors he would consider if a parole recommendation were made.
“California is always about second looks, process and justice,” he said. “But at the end of the day, it’s about the families, it’s about victims. To the extent there are family members supporting their release, that’s something you consider.”
He said that he and the parole board would also take into account the brothers’ conduct behind bars. He noted that the Netflix series has generated tremendous interest in the case, including among his own children.
“It’s a hell of a thing,” he said. “No doubt what Ryan Murphy did with this series really lit things up. I think social media has lit things up… What matters for me are the facts. What matters is justice and fairness — not treating them any worse because they’re celebrities, not treating them certainly any better because they’re celebrities.”
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