California governor will not make clemency decision for Menendez brothers until new DA reviews case

SACRAMENTO, Calif. -- California Gov. Gavin Newsom said he won't make a clemency decision on the murder convictions of Erik and Lyle Menendez until newly elected Los Angeles County District Attorney Nathan Hochman reviews the nearly 35-year-old case.

In October, prosecutors submitted a recommendation for the brothers’ resentencing on the murder conviction in the 1989 killings of their parents in their Beverly Hills home. George Gascón, the current district attorney, asked a judge to impose a new sentence 50 years to life, which could make them eligible for parole immediately.

Gascón, who was supported by Newsom, lost reelection this month, so the governor said he would give the incoming district attorney time to review 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,” the governor’s office said in a statement Monday. “The governor will defer to the DA-elect’s review and analysis of the Menendez case prior to making any clemency decisions.”

Hochman told The Associated Press last week that he could not comment on the resentencing recommendation until he has time to review confidential documents related to the brothers.

The two were originally sentenced in 1996 to life in prison without the possibility of parole.

Lyle Menendez, then 21, and Erik Menendez, then 18, admitted they fatally shot their entertainment executive father, Jose Menendez, and their mother, Kitty Menendez.

They were tried twice for their parents’ murders, with the first trial ending in a hung jury. The brothers said they feared their parents were about to kill them to prevent the disclosure of the father’s longtime sexual molestation of Erik Menendez. Prosecutors argued that they killed their parents for financial gain and contended that no such abuse occurred.

The brothers’ extended family has pleaded for their release. Several family members have said that in today’s world — which is more aware of the impact of sexual abuse — the brothers would not have been convicted of first-degree murder and sentenced to life without parole.

Their attorney first filed a petition for their case to be reexamined in May 2023.

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This story has been updated to correct Lyle Menendez's first name on first reference. It it Lyle, not Kyle.