(NewsNation) — California Gov. Gavin Newsom has deferred decisions on clemency for Erik and Lyle Menendez to incoming Los Angeles District Attorney Nathan Hochman, who takes office Dec. 3.
“The governor will defer to the D.A.-elect’s review and analysis of the Menendez case prior to making any clemency decisions,” Newsom’s office said in a statement Monday.
Hochman pledged to conduct a thorough review of the case, including confidential prison files, trial transcripts and evidence. He also plans to speak with prosecutors, defense attorneys and victims’ family members.
The Menendez brothers’ attorney, Mark Geragos, told NewsNation’s “Banfield” that he “wasn’t surprised” with Newsom’s decision.
The Menendez brothers, who have served 34 years for the 1989 shotgun killings of their parents in Beverly Hills, face a critical resentencing hearing Dec. 11. The hearing could determine whether they become eligible for parole or immediate release.
Three potential paths to freedom remain for the brothers: a habeas corpus petition citing new evidence, reducing their first-degree murder conviction to manslaughter or resentencing.
If the hearing proceeds favorably for the brothers, they could potentially be released by Christmas, though any parole process could take several months.
Both brothers are serving two life sentences without parole for the death of their parents, Jose and Kitty Menendez.
The case sparked controversy at the time. Prosecutors argued the brothers killed their parents for financial gain, while defense attorneys said the men were acting in self-defense after their father sexually abused them for years.
Lyle Menendez, then 21, and Erik Menendez, then 18, admitted to fatally shooting their parents.
They said their parents were going to kill them to stop people from finding out about the alleged abuse.
Recently filed evidence supporting allegations of their father’s abuse and a 2024 Netflix television series helped renew the public’s interest in the case.
NewsNation’s Anna Kutz and Katie Smith contributed to this report.
