(NewsNation) — The Menendez brothers’ attorney Mark Geragos confirmed to NewsNation that he’s filed documents asking California Gov. Gavin Newsom for clemency.
“You don’t have to read between the lines to see that the governor is seriously considering the idea of granting clemency to the Menendez brothers,” Geragos said on “Banfield.” “He even invoked the words ‘fast track.'”
Additionally, the Menendez brothers will be seeking to recall their murder conviction if a resentencing takes place and instead ask for the lesser charge of voluntary manslaughter, according to Geragos.
The maximum sentence for manslaughter is 11 years, so, if approved, Erik and Lyle Menendez could be eligible for parole and released from prison after spending nearly 35 years behind bars.
Both brothers are currently serving two life sentences without parole for the murder of their parents, Jose and Kitty Menendez, in 1989.
The case attracted controversy at the time, with prosecutors arguing the brothers killed their parents for financial gain and defense attorneys arguing the boys were acting in self-defense after having been sexually abused by their father for years.
Lyle Menendez, then 21, and Erik Menendez, then 18, admitted to fatally shooting their father, Jose Menendez, and their mother, Kitty Menendez, after fearing their parents were about to kill them to stop people from finding out that Jose Menendez had sexually abused Erik Menendez for years, according to the Associated Press.
Recently filed evidence supporting allegations of their father’s abuse and a 2024 Netflix television series have sparked a renewed interest in the Menendez brothers, and they’ve since come forward to ask that they be released from prison.
On Thursday, the Los Angeles County district attorney recommended the brothers be resentenced. In a news conference, George Gascón said he is recommending that life sentence without parole be switched to 50 years, and because of their age, the Menendez brothers would be eligible for parole immediately.
“I came to a place where I believe, under the law, resentencing is appropriate,” Gascón said. He said some members of his office oppose the decision.
A hearing before a judge could come within the next month or so, Gascón said.
NewsNation’s Stephanie Whiteside contributed to this report.