Family of Menendez brothers react after Newsom orders risk assessment of possible release
The move could be the first step to a possible clemency for the brothers.
LOS ANGELES -- Family members of Erik and Lyle Menendez held a news conference Thursday afternoon to discuss the latest developments in the brothers' case.
They reacted to California Gov. Gavin Newsom ordering the state parole board to conduct a "comprehensive risk assessment" to determine if the brothers could pose an "unreasonable risk to the public" if they are released from prison.
"They are a positive step forward to Erik and Lyle's release," Anamaria Baralt, a cousin of the brothers, said about Newsom's actions.
"We are incredibly grateful that Gov. Newsom is paying attention to this case... For our family, it is a huge sigh of relief that someone in a seat of power is paying attention to what we have seen up close since Erik and Lyle have been incarcerated. We have seen their rehabilitation over the last few decades, with no hope of release until now."
"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 the brother's 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."
"There's no guarantee of outcome here," Newsom said Wednesday on his new podcast, "This is Gavin Newsom." "My office conducts dozens and dozens of these clemency reviews on a consistent basis. But this process simply provides more transparency, which I think is important in this case, as well as provides us more due diligence before I make any determination for clemency."
Criminal law specialist, Lou Shapiro, said he's cautious about the timing of Newsom's announcement on Wednesday.
"I would say it's an encouraging sign, at the same time there is no coincidence that Governor Newsom made this announcement when he is launching his new podcast," he said.
Geragos told ABC News on Wednesday that he's "gratified and hopeful" following Newsom's request to the parole board. He released a statement Wednesday that said in part: "The family realizes that the Governor's action does not mean he will commute the sentences. Instead, this initial step reflects the Governor's considered decision to at least obtain the information required to make a fair decision."
A group of Menendez relatives who are advocating for the brothers' release postponed a press conference scheduled for Wednesday in the wake of Newsom's letter.
Ninety days have been allotted for the risk assessment investigation. If Newsom then supports the brothers' release, the case will head to the parole board, which has up to six months to review the case.
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.
According to the public records of their prison conduct, while both have excellent records, Erik Menendez's is nearly unblemished, and Lyle Menendez's is marred by a few infractions. Prison officials have commended both brothers for their work on behalf of the inmate population, including setting up hospice programs and a novel green space program at the Richard J. Donovan Correctional Facility near San Diego.
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-L.A. 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.
"Here they are being told hopefully they will be home for the holidays, it seemed like the media momentum was really on their side and DA Gascon seemed to be trying to push it, but it wasn't fast enough. and once the election took place and a new DA took over, the deck was reshuffled," said Shapiro.
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.
ABC News contributed to this report.
