In the wake of a Los Angeles County judge resentencing Erik and Lyle Menendez to terms of 50 years to life, Gov. Gavin Newsom has withdrawn his request for a clemency investigation, turning a hearing scheduled in June before the parole board into an opportunity for the brothers to be granted early release.
The move streamlines the potential path to freedom for the brothers who have served more than 35 years in prison since being sentenced for killing their parents with shotguns in 1989.
“We’re grateful to Judge Jesic for his courage and fidelity to the law. We are hopeful that the Governor will write the final chapter in the brothers’ release,” their attorney, Mark Geragos, said.
On Tuesday, L.A. County Superior Court Judge Michael Jesic modified the brothers’ original sentence of life without parole to 50 years to life, which under the state’s youthful offender law, makes the brothers immediately eligible for parole because the shootings happened before they turned 26.
The parole board on Wednesday informed legal representatives that the governor was no longer pursuing the clemency investigations because of the decision to change the brothers’ sentences.
“Since the ruling makes them immediately eligible for parole consideration as youth offenders, it is the Board’s intent to convert the June 13, 2025, clemency hearings to initial parole suitability hearings,” Scott Wyckoff, executive officer of Board of Parole Hearings stated in a letter.
At the hearings, a panel of commissioners could deem the brothers suitable for parole, but that would not be the end of the process. A 90-day review period would follow, and Newsom could still block their release — though it’s unclear whether that would happen given his withdrawal request Wednesday accelerates their path to freedom.
At a parole hearing, the brothers will have to take accountability for their crimes and argue to commissioners that they are unlikely to re-offend. They made statements in that vein to Jesic through a camera feed from prison on Tuesday.
“My actions were criminal, selfish, cruel and cowardly,” Erik Menendez said. “I have no excuse, no justification for what I did. … I take full responsibility for my crimes.”
Lyle also said he made “no excuses” for felling his mother and father with shotgun blasts, and apologized to the nearly two dozen relatives who have spent years fighting for his release.
“I’m so sorry to each and every one of you,” Lyle told the court Tuesday. “I lied to you and forced you into a spotlight of public humiliation you never asked for.”
At Tuesday’s hearing, Dist. Atty. Nathan Hochman argued that the brothers had failed to show proper “insight” into their crimes and had not atoned for lies they told over the last 30 years about the nature of the killings, but Jesic dismissed those arguments as irrelevant. Prosecutors needed to prove the brothers posed an unreasonable risk to the public, according to Jesic, who said they failed to do so.
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