Calif. governor requests probe into Menendez brothers' public safety risk
California Gov. Gavin Newsom ordered the state's parole board to investigate whether Erik and Lyle Menendez may pose an "unreasonable" public safety risk if they are released from prison.
The move could be a potential entry to freedom for the siblings who have spent more than three decades behind bars for the highly publicized, fatal shooting of their parents.
In a teaser for his new podcast, Newsom said Wednesday public safety experts and forensic psychologists will conduct a risk assessment investigation for the parole board to determine whether the brothers pose a threat if released.
The investigation findings will be sent to Los Angeles County District Attorney Nathan Hochman, Newsom said, and to the Los Angeles County judge presiding over the brothers' ongoing resentencing efforts.
"There's no guarantee of outcome here," said Newsom on his new podcast, "This is Gavin Newsom." "My office conducts dozens and dozens of these clemency reviews on a consistent basis. But this process simply provides more transparency, which I think is important in this case, as well as provides us more due diligence before I make any determination for clemency."
The governor's announcement comes months after the Mendendez brothers' attorneys filed a clemency request with Newsom's office and nearly a week after the recently elected Hochman said he does not believe they deserve a new trial. A month before losing his reelection, then-L.A. DA George Gascón supported the brothers' clemency and had recommended resentencing, arguing they had paid their debt to society.
The Menendez brothers' defense attorneys, Mark Geragos and Cliff Gardner, said in a statement Wednesday that they're grateful for Newsom's request to the parole board.
"The family realizes that the Governor's action does not mean he will commute the sentences," the attorneys said. "Instead, this initial step reflects the Governor's considered decision to at least obtain the information required to make a fair decision."
What did the Menendez brothers do?
The Menendez brothers were found guilty in 1996 of the killings of their father, Jose Menendez, a wealthy music industry executive, and their mother, Kitty Menendez. Their 1993 trials ended in hung juries.
The brothers initially lied to police about the killings, saying it could have been a hit linked to organized crime. At the time, attorneys alleged that they were physically and sexually abused by their parents, feared for their lives and acted in self-defense.
Prosecutors sowed doubt about the allegations and suggested the brothers wanted their parents' $15 million fortune, highlighting their lavish spending spree shortly after the murders. Defense lawyers for the brothers have argued that the judge overseeing the second trial excluded vital evidence of the abuse.
Amid a series of critically-acclaimed documentaries and podcasts that brought heightened public scrutiny to the case, the brothers' attorney submitted new evidence in May 2023. That included a letter allegedly written by Erik Menendez to his cousin, alluding to abuse by his father and an affidavit from Roy Rossello, a former member of the boy band Menudo, alleging that Jose Menendez sexually abused him in the 1980s.
Resentencing hearing could determine Mendendez brothers' fate
During a two-day resentencing hearing next month, a California judge could determine whether to commute the Mendendez brothers' sentences of life in prison without the possibility of parole, possibly paving the way for their release. The judge will decide whether or not the brothers should be resentenced and eligible for parole.
A parole board will then evaluate whether they have been rehabilitated and are safe to reenter society. Newsom would have the final say, since California allows the governor to accept, modify or reverse the board’s decision.
The governor can also grant clemency on his own.
'Considering clemency'
With his announcement, Newsom might be already tipping his hand, noted Los Angeles-based trial attorney Dave Ring said Thursday.
"Look, I don’t think Newsom would put these wheels in motion unless he's really considering clemency," Ring said, adding "I have to believe that Newsom is leaning towards the latter and that they should be released after 35 years in prison."
Ring said the case remains polarizing. One camp believes that the Menendez brothers committed premeditated first-degree murder, Ring said, and another camp believes they were sexually abused and have served their time behind bars and should be free. In the end, Ring thinks Newsom will likely have the last word on the brothers’ fate.
During a news conference via Zoom on Thursday, relatives of the Mendendez brothers advocating for their release said they see Newsom's comments as "a positive step forward."
"We are incredibly grateful that Gov. Newsom is paying attention to this case," said Anamaria Baralt, a cousin of the brothers. "For our family, it is a huge sigh of relief that someone in a seat of power is paying attention to what we have seen up close since Erik and Lyle have been incarcerated. We have seen their rehabilitation over the last few decades, with no hope of release, until now."
Contributing: Karissa Waddick, N’dea Yancy-Bragg, Christopher Cann, Jorge L. Ortiz, John Bacon, Paste BN