Not the Los Angeles DA or the LA Superior Court: This is who holds the key to the Menendez brothers’ freedom
The resentencing hearing for the Menendez brothers begins this week, and this person could determine the fate of the two men and their possible release.
The Menendez brothers, convicted of murdering their parents in Los Angeles in 1989, have seen renewed public interest, especially after Netflix’s Monsters: The Lyle and Erik Menendez Story.
In October 2024, their family held a press conference where cousin Anamaria Baralt described them as “victims of a culture that was not ready to listen.” Legal advocates argue that if tried today, their case would be viewed differently, particularly in light of their claims of childhood abuse, which received little attention during their trial. Both were sentenced to life in prison, and during their second trial, following a mistrial, the judge restricted the defense from presenting abuse as a key factor in the murders.
Who holds the power now?
After months of delays and a change in administration at the Los Angeles District Attorney’s Office, the resentencing hearing for the brothers is set to begin on Tuesday, May 13. Judge Michael Jesic is tasked with determining whether the brothers will be released or remain in prison.
The new district attorney, Nathan Hochman, has not been as sympathetic to the brothers’ case as his predecessor. Hochman has accused the brothers of not taking full responsibility for the murders, and earlier this year, denied a habeas corpus petition that could have led to a retrial or overturned the original verdict.
During the resentencing hearing, the DA’s office will present recommendations to the court regarding whether the sentence should be vacated or altered. One option available to the DA is to release the Menendez brothers based on time served or to make them eligible for parole. However, the likelihood that Hochman will recommend their release is slim, as he has expressed his belief that the Menendez brothers acted with premeditation and that claims of abuse do not justify reopening the case.
If all other efforts fail...
However, if Hochman informs the court that it is his opinion that the brothers should not be re-sentenced, there is one person who could still provide Lyle and Erik with their freedom: California Governor Gavin Newsom.
The legal team representing the brothers applied for clemency on their behalf in November.
In February, Governor Newsom ordered a risk assessment to be conducted into what threat the brothers pose to the public, which would be made available to both the judge in the re-sentencing and D.A. Hochman.
Breaking news on the Menendez brothers case: pic.twitter.com/Elolyf4L9M
— Gavin Newsom (@GavinNewsom) February 26, 2025
The governor made clear that he saw the risk assessment as the first step his office would take in evaluating the clemency petition for Erik and Lyle. No additional steps have been taken by the governor’s office since his February announcement.
Get your game on! Whether you’re into NFL touchdowns, NBA buzzer-beaters, world-class soccer goals, or MLB home runs, our app has it all.
Dive into live coverage, expert insights, breaking news, exclusive videos, and more – plus, stay updated on the latest in current affairs and entertainment. Download now for all-access coverage, right at your fingertips – anytime, anywhere.
Complete your personal details to comment
Your opinion will be published with first and last names