LOS ANGELES (KABC) — Members of the family of Erik and Lyle Menendez held a information convention Thursday afternoon to debate the newest developments within the brothers’ case.
They reacted to California Gov. Gavin Newsom ordering the state parole board to conduct a “complete danger evaluation” to find out if the brothers may pose an “unreasonable danger to the general public” if they’re launched from jail.
“They’re a constructive step ahead to Erik and Lyle’s launch,” Anamaria Baralt, a cousin of the brothers, mentioned about Newsom’s actions.
“We’re extremely grateful that Gov. Newsom is listening to this case… For our household, it’s a big sigh of reduction that somebody in a seat of energy is listening to what we’ve got seen up shut since Erik and Lyle have been incarcerated. We’ve seen their rehabilitation over the previous few a long time, with no hope of launch till now.”
Gov. Gavin Newsom requested the parole board to launch a “complete danger evaluation” investigation into whether or not the brothers pose a danger if launched.
“The Governor’s major consideration when evaluating commutation functions is public security, which incorporates the applicant’s present danger degree, the impression of a commutation on victims and survivors, the applicant’s self-development and conduct because the offense, and if the applicant has made use of accessible rehabilitative applications, addressed remedy wants, and mitigated danger components for reoffending,” the governor’s workplace mentioned within the letter to the brother’s protection lawyer, Mark Geragos. “The Governor’s Workplace will make the findings of the Board’s danger evaluation investigation out there to the courtroom and the District Legal professional.”
Authorized professional Josh Ritter mentioned probably the most promising path to freedom for the Menendez brothers is thru Newsom, particularly after the Los Angeles District Legal professional Nathan Hochman argued towards a brand new trial final week.
“It felt very disparaging, it felt like a continuation of the narrative from 1989,” mentioned Tamara Goodell, cousin of the Menendez brothers.
Hochman launched an announcement Thursday that learn: “As I’ve elucidated earlier than, the Governor possesses the unilateral, constitutional energy to behave on the Menendez’ petition for clemency,” he said. “At any level since Governor Newsom has been in workplace from 2019 to the current, he has had the ability to commute the Menendez’ sentences and launch them instantly – or do nothing.”
“We’ve engaged within the laborious work of inspecting hundreds of pages of trial transcripts and jail data and a whole lot of hours of videotaped testimony in addition to talking with the Menendez members of the family, protection counsel, prosecutors and regulation enforcement. We belief that the Governor will have interaction in the identical laborious work and search all related info, together with the Parole Board’s evaluation, to take advantage of knowledgeable determination doable,” Hochman added.
Ritter mentioned a brand new trial or a resentencing are unlikely and that the Menendez household’s efforts to maintain the brothers and the governor within the headlines could also be their solely likelihood.
“There’s a perception in momentum and that that is actually their solely alternative to get one thing achieved now or they could miss that chance endlessly,” mentioned Ritter.
“There is not any assure of end result right here,” Newsom mentioned Wednesday on his new podcast, “That is Gavin Newsom.” “My workplace conducts dozens and dozens of those clemency evaluations on a constant foundation. However this course of merely supplies extra transparency, which I believe is essential on this case, in addition to supplies us extra due diligence earlier than I make any willpower for clemency.”
Prison regulation specialist, Lou Shapiro, mentioned he is cautious concerning the timing of Newsom’s announcement on Wednesday.
“I’d say it is an encouraging signal, on the similar time there isn’t a coincidence that Governor Newsom made this announcement when he’s launching his new podcast,” he mentioned.
Geragos advised ABC Information on Wednesday that he is “gratified and hopeful” following Newsom’s request to the parole board. He launched an announcement Wednesday that mentioned partly: “The household realizes that the Governor’s motion doesn’t imply he’ll commute the sentences. As a substitute, this preliminary step displays the Governor’s thought-about determination to at the very least get hold of the data required to make a good determination.”
A gaggle of Menendez family who’re advocating for the brothers’ launch postponed a press convention scheduled for Wednesday within the wake of Newsom’s letter.
Ninety days have been allotted for the danger evaluation investigation. If Newsom then helps the brothers’ launch, the case will head to the parole board, which has as much as six months to evaluate the case.
Lyle and Erik Menendez, who’re serving life in jail with out the opportunity of parole, have submitted a request for clemency to Newsom. In November, the governor mentioned he’d defer to Los Angeles County District Legal professional Nathan Hochman’s “evaluate and evaluation” of the case earlier than making any choices.
L.A. County District Legal professional Nathan Hochman mentioned he is requested the courtroom to disclaim the Menendez brothers’ habeas corpus petition, which goals to get a brand new trial or the case tossed out.
In response to the general public data of their jail conduct, whereas each have wonderful data, Erik Menendez’s is sort of unblemished, and Lyle Menendez’s is marred by a number of infractions. Jail officers have recommended each brothers for his or her work on behalf of the inmate inhabitants, together with establishing hospice applications and a novel inexperienced house program on the Richard J. Donovan Correctional Facility close to San Diego.
Apart from clemency, the brothers have been pursuing two different paths to freedom.
One is the brothers’ habeas corpus petition, which was filed in 2023 for a evaluate of two new items of proof not offered at trial: a letter Erik Menendez wrote to his cousin eight months earlier than 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 introduced Friday he is requested the courtroom to disclaim the brothers’ habeas corpus petition, arguing the brand new proof is not credible or admissible.
The opposite is resentencing.
In October, then-L.A. County District Legal professional George Gascón introduced he supported resentencing for the brothers. Gascón advisable their sentences of life with out the opportunity of parole be eliminated, and mentioned they need to as an alternative be sentenced for homicide, which might be a sentence of fifty years to life. As a result of each brothers had been underneath 26 on the time of the crimes, they might be eligible for parole instantly with the brand new sentence.
The DA’s workplace mentioned its resentencing suggestions take into consideration many components, together with rehabilitation in jail and abuse or trauma that contributed to the crime. Gascón praised the work Lyle and Erik Menendez did behind bars to rehabilitate themselves and assist different inmates.
Weeks after Gascón’s announcement, he misplaced his race for reelection to Hochman.
“Right here they’re being advised hopefully they are going to be residence for the vacations, it appeared just like the media momentum was actually on their facet and DA Gascon gave the impression to be attempting to push it, but it surely wasn’t quick sufficient. and as soon as the election befell and a brand new DA took over, the deck was reshuffled,” mentioned Shapiro.
When Hochman got here into workplace on Dec. 3, he promised to evaluate all of the details earlier than reaching his personal determination. Hochman has but to announce if he’s in assist of or towards resentencing for the brothers.
Lyle and Erik Menendez are serving life sentences after being convicted of homicide of their mother and father’ deaths. They referred to as TMZ’s “2 Indignant Males” podcast as they await a resentencing listening to subsequent month.
A listening to relating to the resentencing case is about for March 20 and 21.
The Menendez brothers’ case started in 1989, when Lyle Menendez, then 21, and Erik Menendez, then 18, shot and killed their mother and father, Kitty and Jose Menendez, within the household’s Beverly Hills residence.
The protection claimed the brothers acted in self-defense after enduring years of sexual abuse by their father. Prosecutors alleged they killed for cash.
Their first trial led to a mistrial. Lyle and Erik Menendez had been convicted in 1996 following their second trial.
The brothers had been sentenced to 2 consecutive life jail phrases with out the opportunity of parole.
ABC Information contributed to this report.
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