The Menendez brothers, infamous for the 1989 shotgun slaying of their parents, could walk free after Los Angeles County Dist. Atty. George Gascón threw his weight behind their clemency bid to Governor Gavin Newsom.
Gascón’s endorsement follows his recent motion to resentence Erik and Lyle Menendez, a move that has reignited their pursuit of freedom after three decades behind bars.
“I believe Erik and Lyle Menendez deserve clemency,” Gascón stated. “Having served over 30 years, they have demonstrated commendable rehabilitation, pursuing education and creating programs to support fellow inmates.”
Their attorneys formally requested clemency from Newsom on Monday, with Gascón’s office submitting letters of support.
Mark Geragos, legal counsel for the brothers, expressed hope for a Thanksgiving reunion and plans to pursue clemency directly from Newsom, who, on a recent podcast, alluded to reviewing the case, influenced by a Netflix docudrama that rekindled public interest.
Newsom acknowledged the media attention surrounding the case, stating, “I’m in the midst of reviewing and granting clemencies at this time of year.”
Clemency, should it be granted, would render the resentencing process initiated by Gascón moot.
Los Angeles County Superior Court Judge Michael Jesic has scheduled a December 11 hearing in Van Nuys to address Gascón’s proposal to modify the brothers’ sentences in the slaying of Jose and Kitty Menendez within their Beverly Hills home. Convicted of murder with special circumstances in a 1996 retrial, the pair were deemed ineligible for parole.
Gascón seeks to have their sentences reduced to simple murder, which could make them eligible for parole due to their age at the time of the crime.
According to Geragos, a separate hearing is slated for November 25 concerning a habeas filing, where he intends to argue for manslaughter charges, potentially leading to their immediate release.
Gascón’s announcement has drawn praise from the brothers’ supporters and condemnation from critics, some suggesting it was a politically motivated play to bolster his reelection campaign. However, the brothers’ fate ultimately rests with Newsom, the parole board, Gascón’s potential successor, and the presiding judge.
In a 57-page motion, Gascón’s office argued that the brothers pose no threat to public safety and are deserving of release due to their exemplary behavior in prison. They cite their marriages, college degrees, and the establishment of inmate support programs.
The brothers’ case has recently focused on a habeas motion challenging their convictions, with Geragos presenting evidence of years of sexual abuse at the hands of their father, contradicting the prosecution’s assertion that greed motivated the killings. However, legal experts suggest resentencing may offer a more direct path to freedom.
Judge Jesic, a former prosecutor assigned to the case, could rule immediately, but a hearing is more likely, providing a platform for family members and those opposed to Gascón’s decision to voice their opinions.
Gascón acknowledged internal division within his office regarding the case, with some prosecutors opposing resentencing. Others had pushed for a manslaughter charge to secure their immediate release, a proposal that experts believe backfired as it may have been deemed too lenient by the judge.
If Jesic approves the petition, the state parole board will then weigh in.
Newsom holds the ultimate authority to grant or deny parole. Even if the parole board recommends release, he could block it if deemed detrimental to public safety.
Gascón’s decision is further complicated by his impending reelection, with polls suggesting a substantial lead for his challenger. The challenger has not taken a public stance on the Menendez case but pledges to review it if elected.
If Gascón loses, the incoming district attorney would assume office before the December 11 hearing, potentially impacting the case’s trajectory.
Interview: The Future of the Menendez Brothers – A Conversation with Legal Expert Dr. Sarah Thompson
Interviewer (Time.news Editor): Thank you for joining us, Dr. Thompson. There’s been a significant development regarding the Menendez brothers, with District Attorney George Gascón supporting their clemency bid. What’s your initial reaction to this news?
Dr. Sarah Thompson: Thank you for having me. It’s a fascinating case, and Gascón’s support marks a pivotal point in their long and complicated story. His endorsement suggests a potential shift in how we understand justice and rehabilitation in cases involving violent crime, especially after so many years.
Interviewer: Yes, quite a shift! Gascón argues that Erik and Lyle have shown commendable rehabilitation since their incarceration. What factors do you think contribute to a successful argument for clemency in their situation?
Dr. Thompson: Rehabilitation is key. The fact that they’ve engaged in educational pursuits and have created support programs for other inmates demonstrates an effort to change. Additionally, their long duration in prison—over three decades—plays a significant role. Public sentiment and societal shifts regarding punishment versus rehabilitation are also crucial factors in how clemency cases are viewed.
Interviewer: Their attorney, Mark Geragos, expressed hope for a potential Thanksgiving reunion. What legal strategies are at play regarding their clemency request and Gascón’s proposal to re-sentence them?
Dr. Thompson: There are two main paths here. First, the clemency request, which could end the need for resentencing entirely if Governor Newsom approves it. This would essentially grant them freedom without going through the legal nuances of reclassification of their crimes. Then, we have the resentencing motion, which Gascón is advocating for—changing their convictions from murder with special circumstances to simple murder could open the door for parole eligibility as they age. Both avenues are strategically a mix of public support and legal maneuvers.
Interviewer: It seems like public interest is also growing due to media portrayals of their story, like the Netflix docudrama. Do you think media representation significantly influences decisions such as clemency?
Dr. Thompson: Absolutely. Media can shape public perception, and in cases like the Menendez brothers, it can bring to light nuanced aspects of their story that may have been overlooked. The renewed interest can sway the opinions of decision-makers, like Governor Newsom, as they consider the societal context surrounding clemency. However, it should also be balanced with legal considerations, not just influenced by popular sentiment.
Interviewer: Speaking of Governor Newsom, he mentioned he’s in the process of reviewing clemencies. How do you think he will weigh the arguments from both sides, considering the mixed reactions to Gascón’s support?
Dr. Thompson: Newsom will have to consider both the moral implications and the political ramifications of his decision. While he might resonate with the narrative of rehabilitation and redemption advocated by Gascón, he’ll also face pressure from critics and advocates who may see clemency for the Menendez brothers as controversial given the severity of their crime. It’ll be a balancing act between doing what aligns with his values and what might affect his political standing.
Interviewer: Many are also questioning if Gascón’s support is politically motivated. How do you view the intersection of law and politics in cases like this?
Dr. Thompson: Politics undeniably plays a role in criminal justice. For progressive DAs like Gascón, advocating for clemency can be seen as part of broader reforms aimed at systemic justice issues—something that resonates with a significant voter base. However, genuine reform efforts often face skepticism. It’s vital for leaders to navigate these waters carefully, balancing public safety concerns, the individuals involved, and the historical context of their cases.
Interviewer: What do you perceive as the next steps in this case?
Dr. Thompson: First, we can expect the November 25 hearing on the habeas filing to be significant. If successful, it could lead to immediate release under the argument for manslaughter charges. Following that, the December hearing regarding resentencing will be important as well. Depending on those outcomes, we could see a clemency decision shortly after. it’s important to keep an eye on how all these elements interplay, especially how public opinion continues to evolve.
Interviewer: Thank you, Dr. Thompson. Your insights shed valuable light on this complex situation. We’ll certainly be following the developments closely!
Dr. Thompson: Thank you for having me. It’s a case that brings forth many pressing questions about justice and society. I’m looking forward to seeing how it unfolds!