Menendez resents suspicion as prosecutor seeks clemency from Newsom

The Menendez brothers’ bid to be released from prison has hit a snag, with a Los Angeles judge setting a December 11 date to consider a prosecutor’s request to retry them.

District Attorney George Gascón may not be in office by then, which could mean withdrawing the application before it is heard. Menendez’s defense team is now pursuing an alternative path in the form of a clemency application to Gov. Gavin Newsom.

The brothers are serving life in prison without the possibility of parole for the 1989 murder of their parents, Jose and Kitty. Their case has attracted renewed attention with the release of Ryan Murphy’s series Monsters: The Lyle and Erik Menendez Story, which topped the Netflix charts last month.

Gascón announced last week that he would seek to reduce the brothers’ sentences, which if approved by the judge would make them immediately eligible for parole.

But Gascón is trailing badly in public opinion polls in his race for re-election. If he is defeated next week, his successor, Nathan Hochman, will be sworn in on Dec. 2, according to the Los Angeles County charter.

Judge Michael Gesich tentatively set a date of December 11 for a hearing on the request, according to his clerk.

Once in office, Hochman can withdraw Gascón’s request, provided he cites a “legitimate reason,” according to a 2023 ruling by the California Court of Appeals for the First District. The judge will not be required to allow the withdrawal, but will have that option, according to the Court of Appeal in People v. Vaisaw.

Hochman did not say how he would handle the issue, but he criticized Gascón for using the Menendez brothers in a last-ditch effort to distract voters from his mistakes in office.

A status hearing has also been set for November 25.

Gascón urged Newsom on Wednesday to grant clemency to the Menendez brothers.

“I strongly support pardoning Eric and Lyle Menendez, who are currently serving life in prison without the possibility of parole,” Gascón said. “They served consecutively for 34 years, continuing their education and working to create new programs to support the rehabilitation of their fellow inmates.”

The governor’s office said it could not comment on the case.

A court spokesperson said in a statement: “Pending clemency requests are confidential and we cannot discuss individual cases.”

Last week, Gascón requested that the brothers be re-sentenced to 50 years to life in prison, citing their rehabilitation behind bars and the abuse they were subjected to as children.

If that request is approved, the governor should still consider releasing them. The state Board of Parole Hearings would then have to decide she does not pose a risk to the community, and that recommendation would go to Newsom for approval.

Newsom also has the power to grant pardons or commute sentences. Gascón sent Newsom two letters on Wednesday urging him to exercise that authority.

The Menendez brothers’ attorney, Mark Geragos, told TMZ on Wednesday that he is also seeking to have their conviction reduced to manslaughter, a much lower offense than first-degree murder under special circumstances. If this request is approved, they will be released immediately without having to go to the parole board.

Geragos has repeatedly said he wants the brothers back by Thanksgiving.

Newsom was asked about the case on Politickin on Saturday. He did not take a position on the case, but stated the factors he would take into consideration if a parole recommendation was made.

“California is always about second sight, process and fairness,” he said. “But at the end of the day, it’s about the families and the victims. As much as there are family members who support their release, that’s something to consider.”

He said he and the parole board would also take into account the brothers’ behavior behind bars. He noted that the Netflix series has generated tremendous interest in the case, including among his own children.

“It’s hell,” he said. “There’s no doubt that what Ryan Murphy did with this series has really brightened things up. I think social media has brightened things up… What matters to me is the facts. What matters is fairness and justice, not treating them worse because they’re celebrities, and certainly not treating them better because they’re celebrities.” “.