Crime and Courts

California governor will not consider clemency for Menendez brothers until DA reviews the case

Hochman told NBCLA that he will review the files before considering resentencing for the brothers convicted of murder.

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Los Angeles District Attorney George Gascón recommended resentencing for Erik and Lyle Menendez just two weeks ago. Now, Gascón has lost reelection campaign, and the city’s District Attorney-elect Nathan Hochman could withdraw the resentencing request.

As Los Angeles County District Attorney George Gascón is unlikely to see through his proposal to early release Lyle and Erik Menendez, the California governor said Monday that he will not make any clemency decision on the infamous case of the brothers convicted of murdering their parents in their Beverly Hills mansion nearly 30 years ago.

Gov. Gavin Newsom’s office said that it will wait until District Attorney-elect Nathan Hochman reviews and analyzes the case before deciding whether to stick with Gascón’s recommendation to release the brothers on parole.

“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. “The governor will defer to the DA-elect’s review and analysis of the Menendez case prior to making any clemency decisions.”

Hochman himself told NBC Los Angeles that he will review the files and speak to those involved in the case before considering resentencing. 

“I know where to start. I know how to do it expeditiously, and if I need more time, I'll ask the court for more time, but I won't engage in delay for delay's sake," Hochman said. "The Menendez brothers need to know what the answer is, the victims' family members need to know what the answer is, the public needs to know what that answer is."

Gascón had pushed to the resentencing of the Menendez brothers due to new evidence that may support their claim of sexual abuse by their father as well as a determination that the brothers are no threat to society.

"I believe they have paid their debt to society," Gascón said in October, underlining the brothers' claims that they were sexually abused by their father and comparing Lyle and Erik to women in abusive relationships.

Gascón also said the convicted brothers engaged in "the journey of redemption and rehabilitation," leading prison groups for inmates who suffer from untreated trauma and physical disabilities.

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