Menendez brothers: Newsom orders parole board to investigate whether they’d pose ‘unreasonable risk’ to public if released

(LOS ANGELES) — California Gov. Gavin Newsom told the Menendez brothers’ attorney he’s ordering the parole board to launch a “comprehensive risk assessment” investigation into whether the brothers pose “an unreasonable risk to the public” if released.

“The Governor’s primary consideration when evaluating commutation applications is public safety, which includes the applicant’s current risk level, the impact of a commutation on victims and survivors, the applicant’s self-development and conduct since the offense, and if the applicant has made use of available rehabilitative programs, addressed treatment needs, and mitigated risk factors for reoffending,” the governor’s office said in the letter to defense attorney Mark Geragos. “The Governor’s Office will make the findings of the Board’s risk assessment investigation available to the court and the District Attorney.”

Lyle and Erik Menendez, who are serving life in prison without the possibility of parole, have submitted a request for clemency to Newsom. In November, the governor said he’d defer to Los Angeles County District Attorney Nathan Hochman’s “review and analysis” of the case before making any decisions.

Besides clemency, the brothers have been pursuing two other paths to freedom.

One is the brothers’ habeas corpus petition, which was filed in 2023 for a review of two new pieces of evidence not presented at trial: a letter Erik Menendez wrote to his cousin eight months before 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 announced Friday he’s asked the court to deny the brothers’ habeas corpus petition, arguing the new evidence isn’t credible or admissible.

The other is resentencing.

In October, then-LA County District Attorney George Gascón announced he supported resentencing for the brothers. Gascón recommended their sentences of life without the possibility of parole be removed, and said they should instead be sentenced for murder, which would be a sentence of 50 years to life. Because both brothers were under 26 at the time of the crimes, they would be eligible for parole immediately with the new sentence.

The DA’s office said its resentencing recommendations take into account many factors, including rehabilitation in prison and abuse or trauma that contributed to the crime. Gascón praised the work Lyle and Erik Menendez did behind bars to rehabilitate themselves and help other inmates.

Weeks after Gascón’s announcement, he lost his race for reelection to Hochman.

When Hochman came into office on Dec. 3, he promised to review all the facts before reaching his own decision. Hochman has yet to announce if he is in support of or against resentencing for the brothers.

A hearing regarding the resentencing case is set for March 20 and 21.

The Menendez brothers’ case began in 1989, when Lyle Menendez, then 21, and Erik Menendez, then 18, shot and killed their parents, Kitty and Jose Menendez, in the family’s Beverly Hills home.

The defense claimed the brothers acted in self-defense after enduring years of sexual abuse by their father. Prosecutors alleged they killed for money.

Their first trial ended in a mistrial. Lyle and Erik Menendez were convicted in 1996 following their second trial.

The brothers were sentenced to two consecutive life prison terms without the possibility of parole.

This is a developing story. Please check back for updates.

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