Menendez Resentencing Could Be in Doubt, as D.A. Pushes Newsom to Grant Clemency

As a movie buff with over three decades of immersion in the intricacies of Hollywood and its darker corners, I must say this latest twist in the Menendez brothers’ saga is as gripping as any Netflix series. The drama unfolding in the halls of justice, with its shifting alliances and unexpected turns, is a testament to the unpredictable nature of real-life stories.


The attempt by the Menendez brothers to be released from prison has faced a setback, as a judge in Los Angeles scheduled December 11th for deliberation on the District Attorney’s petition to re-sentence them.

If District Attorney George Gascón leaves his position before the scheduled hearing, the request might get withdrawn. However, the legal team for the Menendez brothers is currently seeking a different route: they’re making a plea for clemency directly to Governor Gavin Newsom instead.

Two brothers are currently serving life sentences without the possibility of parole for the 1989 murders of their parents, Jose and Kitty, using a shotgun. Their case has recently gained renewed interest following the release of Ryan Murphy’s series “Monsters: The Lyle and Erik Menendez Story,” which became Netflix’s most popular show last month.

Last week, Gascón expressed his intention to petition for a decrease in the sentences of the brothers. If this reduction is granted by a judge, it would mean they become instantly eligible for parole.

However, Gascón’s opponent, Nathan Hochman, appears to be significantly ahead in public opinion polls for the reelection race. If Gascón loses next week, Hochman will take office on December 2nd, as per the Los Angeles County Charter.

According to his clerk’s information, Judge Michael Jesic provisionally scheduled a hearing for December 11th regarding the request.

Should Hochman take up office, he may choose to rescind Gascón’s request, given a valid justification, as per a 2023 ruling by the California Court of Appeal for the 1st District. The judge isn’t compelled to grant this withdrawal, but has the discretion to do so, according to the appeals court in People v. Vaesau.

As a passionate cinephile, I’ve been closely following the recent developments, and it seems that Hochman hasn’t shared his strategy regarding the case at hand. However, he has voiced his disapproval towards Gascón for employing the Menendez brothers in a desperate ploy to divert attention away from his missteps while in office.

A status hearing has also been set for Nov. 25.

Gascón on Wednesday urged Newsom to grant clemency for the Menendez brothers.

Gascón advocates leniency for Erik and Lyle Menendez, who are currently serving life sentences without the chance of parole. After individually spending 34 years behind bars, they have pursued their education and endeavored to establish programs aimed at rehabilitating fellow inmates.

The governor’s office said it could not comment on the case.

Regarding the ongoing requests for clemency, it’s important to note that these matters are kept private, so we can’t provide details about specific instances,” the representative explained in a statement.

Last week, Gascón requested a new sentencing for the brothers, proposing they serve 50 years to life in prison. He based this on their demonstrated reformation while incarcerated and the mistreatment they experienced as minors.

As a movie reviewer, I’d put it this way: If granted, the governor would need to consider whether these individuals can be safely released. After assessing their potential threat to society, the State Board of Parole Hearings would weigh in, and if they deem them safe, their recommendation will land on Governor Newsom’s desk for final approval.

Additionally, Newsom holds the authority to issue pardons or reduce sentences. On Wednesday, Gascón sent two letters to Newsom asking him to utilize this power.

Mark Geragos, attorney for the Menendez brothers, shared with TMZ on Wednesday his intention to petition for a reduction in their convictions from first-degree murder with special circumstances, down to manslaughter. If successful, this change would release them immediately without requiring them to appear before the parole board.

Geragos has repeatedly said he wants the brothers home by Thanksgiving.

Over the weekend, Newsom was queried about the situation during an appearance on the Politickin’ podcast. Instead of expressing his stance on the matter, he outlined elements he would ponder if a parole suggestion were to arise.

He stated that California often requires a second glance, careful examination, and fairness. However, in the end, it’s all about the families and the victims. If there are relatives advocating for their release, that’s certainly a factor to take into account.

He mentioned that he and the parole board would consider the behavior of the brothers while they were imprisoned as well. He pointed out that the Netflix series has sparked a great deal of curiosity about the case, even among his own kids.

He commented, ‘It’s quite an extraordinary situation.’ Without a doubt, Ryan Murphy’s work on this series has brought about a significant change. For me, it’s the facts that matter most. It’s justice and fairness that are important – not discriminating against or favoring anyone because they’re famous.

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2024-10-31 03:17