LOS ANGELES — Gov. Gavin Newsom advised the Menendez brothers‘ legal professional he is ordering the parole board to launch a “complete danger evaluation” investigation into whether or not the brothers pose “an unreasonable danger to the general public” if launched.
“The Governor’s main consideration when evaluating commutation functions is public security, which incorporates the applicant’s present danger degree, the impression of a commutation on victims and survivors, the applicant’s self-development and conduct because the offense, and if the applicant has made use of obtainable rehabilitative applications, addressed therapy wants, and mitigated danger components for reoffending,” the governor’s workplace mentioned within the letter to protection legal professional Mark Geragos. “The Governor’s Workplace will make the findings of the Board’s danger evaluation investigation obtainable to the court docket and the District Lawyer.”
“There is not any assure of final result right here,” Newsom mentioned Wednesday on his new podcast, “That is Gavin Newsom.” “My workplace conducts dozens and dozens of those clemency evaluations on a constant foundation. However this course of merely gives extra transparency, which I believe is essential on this case, in addition to gives us extra due diligence earlier than I make any dedication for clemency.”
Prison legislation specialist, Lou Shapiro, mentioned he is cautious in regards to the timing of Newsom’s announcement on Wednesday.
“I’d say it is an encouraging signal, on the similar time there isn’t any coincidence that Governor Newsom made this announcement when he’s launching his new podcast,” he mentioned.
Geragos advised ABC Information on Wednesday that he is “gratified and hopeful” following Newsom’s request to the parole board. He launched an announcement Wednesday that mentioned partly: “The household realizes that the Governor’s motion doesn’t imply he’ll commute the sentences. As an alternative, this preliminary step displays the Governor’s thought of determination to not less than acquire the data required to make a good determination.”
A gaggle of Menendez relations who’re advocating for the brothers’ launch postponed a press convention scheduled for Wednesday within the wake of Newsom’s letter.
Ninety days have been allotted for the chance evaluation investigation. If Newsom then helps the brothers’ launch, the case will head to the parole board, which has as much as six months to evaluate the case.
Lyle and Erik Menendez, who’re serving life in jail with out the potential for parole, have submitted a request for clemency to Newsom. In November, the governor mentioned he’d defer to Los Angeles County District Lawyer Nathan Hochman’s “evaluate and evaluation” of the case earlier than making any choices.
L.A. County District Lawyer Nathan Hochman mentioned he is requested the court docket to disclaim the Menendez brothers’ habeas corpus petition, which goals to get a brand new trial or the case tossed out.
In response to the general public data of their jail conduct, whereas each have wonderful data, Erik Menendez’s is sort of unblemished, and Lyle Menendez’s is marred by a number of infractions. Jail officers have recommended each brothers for his or her work on behalf of the inmate inhabitants, together with establishing hospice applications and a novel inexperienced house program on the Richard J. Donovan Correctional Facility close to San Diego.
In addition to clemency, the brothers have been pursuing two different paths to freedom.
One is the brothers’ habeas corpus petition, which was filed in 2023 for a evaluate of two new items of proof not introduced at trial: a letter Erik Menendez wrote to his cousin eight months earlier than the murders detailing his alleged abuse from his father, and allegations from a former boy band member who revealed in 2023 that he was raped by Jose Menendez.
Hochman introduced Friday he is requested the court docket to disclaim the brothers’ habeas corpus petition, arguing the brand new proof is not credible or admissible.
The opposite is resentencing.
In October, then-LA County District Lawyer George Gascón introduced he supported resentencing for the brothers. Gascón really helpful their sentences of life with out the potential for parole be eliminated, and mentioned they need to as a substitute be sentenced for homicide, which might be a sentence of fifty years to life. As a result of each brothers have been below 26 on the time of the crimes, they might be eligible for parole instantly with the brand new sentence.
The DA’s workplace mentioned its resentencing suggestions have in mind many components, together with rehabilitation in jail and abuse or trauma that contributed to the crime. Gascón praised the work Lyle and Erik Menendez did behind bars to rehabilitate themselves and assist different inmates.
Weeks after Gascón’s announcement, he misplaced his race for reelection to Hochman.
“Right here they’re being advised hopefully they are going to be residence for the vacations, it appeared just like the media momentum was actually on their facet and DA Gascon gave the impression to be making an attempt to push it, but it surely wasn’t quick sufficient. and as soon as the election befell and a brand new DA took over, the deck was reshuffled,” mentioned Shapiro.
When Hochman got here into workplace on Dec. 3, he promised to evaluate all of the details earlier than reaching his personal determination. Hochman has but to announce if he’s in help of or towards resentencing for the brothers.
Lyle and Erik Menendez are serving life sentences after being convicted of homicide of their dad and mom’ deaths. They known as TMZ’s “2 Indignant Males” podcast as they await a resentencing listening to subsequent month.
A listening to concerning the resentencing case is about for March 20 and 21.
The Menendez brothers’ case started in 1989, when Lyle Menendez, then 21, and Erik Menendez, then 18, shot and killed their dad and mom, Kitty and Jose Menendez, within the household’s Beverly Hills residence.
The protection claimed the brothers acted in self-defense after enduring years of sexual abuse by their father. Prosecutors alleged they killed for cash.
Their first trial resulted in a mistrial. Lyle and Erik Menendez have been convicted in 1996 following their second trial.
The brothers have been sentenced to 2 consecutive life jail phrases with out the potential for parole.
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