California Governor Gavin Newsom said during the first episode of his new podcast that he has ordered an investigation into whether or not the Menendez brothers are fit to be released into society.
The “risk assessment” will be under the purview of the Los Angeles District Attorney’s office ahead of the brother’s March 20 and 21 court appearances which will determine if they are to be resentenced for the murder of their parents in 1989.
“Today I just notified the LA DA as well as the Menendez attorney, including victims that I have directed the board of parole hearings to do what we call a ‘risk assessment investigation’ into their applications specifically for commutation,” Newsom said of the infamous case on Wednesday.
“The question for the board is a rather simple one: Do Eric and Lyle Menendez, do they pose a current what we call unreasonable risk to public safety?”
The brothers were convicted in 1996 of killing their parents, Jose and Kitty Menendez, and have been embroiled in numerous appeals for freedom, alleging that they were subject to years of sexual abuse at the hands of their father.
Prosecutors eventually made a successful case, convincing the jury the brothers were spoiled and were motivated by the financial windfall they would receive upon their parents’ deaths, estimated to be $14 million.
Newsom said the risk assessment would be conducted by experts in public safety as well as forensic psychologists, adding that the findings would be made available to the judges presiding over the resentencing motion.
“There's no guarantee of outcome here.”, said Newsom.
He concluded by stating: “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.”
Defense attorney Mark Geragos reacted to the news, telling The Los Angeles Times that he remains “hopeful” the brothers will be released in 2025.
Geragos also said that his office received a letter from prosecutors detailing the nature of the risk assessment.
“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 letter read in part.
“The Governor’s Office will make the findings of the Board’s risk assessment investigation available to the court and the District Attorney.”
In October 2024, former LA County prosecutor George Gascón made a case for the brother’s freedom saying: "I believe the brothers were subject to a tremendous amount of dysfunction in their home and molestation.
Defending that while there was no excuse for murder, "I believe they have paid their debt to society", he added.
In November, Gascon was defeated in a landslide election by current LA DA, Nathan Hochman. Hochman has spoken against resentencing the brothers.
He cited what he described as a pattern of “lies and deception” before and during the court hearings, including the Menendez brothers’ changing versions of events around the killings.
The battle of the Menendez case not only caused friction in the public eyes of the court but also within the DA’s office.
Earlier this month, prosecutors Brock Lunsford and Nancy Theberge, working under Hochman, announced they were suing for damages from his office for “harassment, discrimination, and retaliation following their recommended re-sentencing of convicted murderers Erik and Lyle Menendez,” in a letter.
Lunsford and Theberge believe the pair should be resentenced and ultimately released on parole. They said they were outraged at Hochman’s response to a memorandum they submitted in October 2024, which recommended resentencing.
