Los AngelesThis Thursday, California Governor Gavin Newsom stated that he will not consider the clemency request of Rick and Lyle Menendez until the new Los Angeles County district attorney has recommended a resentencing. This could be another setback to their fight for freedom.
After defeating District Attorney George Gasc, who has advocated for clemency and backed Menendez’s resentencing, earlier this month, Nathan Hochmanis is scheduled to enter office on December 2. Before making any conclusions, Hochman has stated that he will personally examine the matter.
According to a spokesman for Newsom, the governor acknowledges that voters have trusted District Attorney-elect Hochman to fulfill the responsibilities of the district attorney in ensuring justice is served.
For the 1989 murders of their parents, Jose and Mary Louise Kitty Menendez, Erik and Lyle Menendez are serving life terms without the chance of release. Recent films and a Netflix series that depict the killings and emphasize the brothers’ claims that they acted in self-defense following years of alleged physical and sexual abuse by their father have brought their case back into the public eye.
Citing the brothers’ exemplary behavior during their 35 years in prison, Gascn suggested this fall that they be punished to 50 years to life in prison. They would be instantly eligible for parole and may be released if a judge agreed. A court will hold a hearing on December 11.
However, before offering a recommendation, the new DA stated that he must examine the case, including transcripts from two trials and prison disciplinary records. He could request a postponement from the judge.
Hochman questioned if Gasc’s support for resentencing was influenced by politics.
Was it only a political tactic or was it a fair decision? Hochman inquired with NBC News. I must thus conduct this in-depth analysis of the law and the facts to ensure that my choice is credible.
Gasc has denied that his support for resentencing was influenced in any way by his campaign for reelection.
Prominent figures, such as Kim Kardashian, have advocated for the brother’s release, pointing to a change in the way society perceives claims of sexual assault and its victims. Additionally, a number of the brothers’ relatives are requesting that the guys be released.
Hochman stated, “We will examine all the facts of the underlying crimes and what led to those crimes.” However, whether or not there is a cultural shift is rather unimportant when determining whether or not the Menendez case’s legal facts support a resentencing and, if so, what that resentencing ought to be.
In an attempt to overturn their convictions, the brothers have asked the court to consider a piece of possible evidence related to the alleged sex assault: a letter Erik claimed to have written to his cousin about the alleged abuse decades ago.
However, as one of the brothers’ lawyers put it, there are concerns over that possible key evidence, according to Juan Mejia, who is currently the head deputy for the Los Angeles County District Attorney’s Office but served as a prosecutor in the siblings’ second murder trial.
On the court, are they attempting to pull another quick one? “I said,” Mejia said.
Many, however, do think the brothers are real.
Gasc filed almost 600 pages of supporting documentation for resentencing last week, including many letters from correctional officers and prison staff characterizing the brothers as model rehabilitated inmates deserving of another shot.
Hochman can provide more evidence to the judge before the hearing next month if he has a different recommendation than Gascon, but in the end, the judge will make the decision, followed by the parole board and, if he decides to weigh in, Newsom.
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