Menendez brothers will undergo parole board risk assessment ordered by Gov. Gavin Newsom
California Gov. Gavin Newsom has ordered the state parole board to carry out a risk assessment of Lyle and Erik Menendez to determine whether they pose a risk to public safety after spending 35 years in prison for the 1989 killings of their parents.
Newsom said he expects to receive the board's report within 90 days and it will help determine whether he decides to move forward with granting clemency. He addressed the case as he spoke to reporters Wednesday in Monterey Park, where he announced a statewide economic initiative for wildfire recovery efforts during an appearance at East Los Angeles College.
He said the report will provide an understanding of their conduct while incarcerated and "what they've done since the offense as it relates to rehabilitation and treatment programs" as well as "whether they have contributed to their own rehabilitation." Earlier Wednesday, his office said assessment will be completed by experts who analyze what led a person to commit an offense and whether they have rehabilitated while serving time in prison.
The parole board's report is the first step in a longer process toward a chance at clemency.
"After that, there's going to be a hearing that works like a standard parole hearing, providing the District Attorney and the victims a chance to be part of the process," Diana Crofts-Pelayo, deputy director of communications for Newsom's office, said in a statement. She said the board reaches a decision on whether it's believed "an inmate poses an unreasonable risk to public safety" if released.
"That must be determined before the Governor can make a decision on their commutations," she said in the statement.
Clemency is one of three paths toward a possible early release for the brothers, who were convicted of first-degree murder for fatally shooting their parents Jose and Kitty Menendez at the family's Beverly Hills home on Aug. 20, 1989. Over the course of two trials, they admitted to the killings but claimed self-defense and said they feared for their lives following years of physical and sexual abuse.
They were convicted in 1996 following an earlier mistrial that ended with a hung jury and sentenced to life in prison without the possibility of parole.
Last week, Los Angeles County District Attorney Nathan Hochman said he opposed the brothers' bid for a new trial. The DA's office filed an informal response to their habeas petition, which their lawyers filed in May 2023 citing what they described as two new pieces of evidence backing their allegations of abuse. The petition had sought a new trial and lesser charge of manslaughter, which would result in an early release since it carries a much shorter sentence than the 35 years they have already served.
The DA's office asked a judge deny the petition in the informal response filed in court Friday. Hochman said the credibility of the evidence has been called into question since the brothers lied multiple times throughout the investigation. He also said allegations of abuse, and whether they are legitimate, would not be a determinant of whether or not they are guilty of first-degree murder.
While the habeas petition deals with facts of the case, and whether the first-degree murder convictions should still stand, the last possible path towards release — resentencing — only deals with whether or not they have rehabilitated while behind bars.
The brothers are still set to face a resentencing hearing on March 20 and 21. Last year, former LA County District Attorney George Gascón said he was recommending resentencing for the brothers, with the final decision then handed off to a judge.
But the decision on recommending resentencing now rests with Hochman following his election in November. Hochman has said he must still review the case before reaching his own decision, saying prosecutors must review thousands of pages of prison records.
Family members supporting the brothers' bids for freedom have backed their allegations of abuse, meeting with Hochman last month to discuss the case. Meanwhile, their lawyers have said they should have been convicted of manslaughter given the accusations, and following Newsom's announcement Wednesday, they released a statement on the governor's decision.
"Along with scores of Jose and Kitty Menendez's family members who have fought for years to see Erik and Lyle have a chance to finally come home, we are grateful for the Governor's decision," attorneys Mark Geragos and Cliff Gardner said in the statement Wednesday. "The family realizes that the Governor's action does not mean he will commute the sentences."
"Instead, this initial step reflects the Governor's considered decision to at least obtain the information required to make a fair decision as to whether Erik and Lyle, after 35 years in prison, have done the hard work necessary to have a chance at a life outside prison," the statement continues. "Jose and Kitty's family members, as well as Erik and Lyle, can ask for nothing more."
