Not the Los Angeles DA or the LA Superior Court: This is who holds the key to the Menendez brothers’ freedom

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, 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?

In late 2024, Erik Menendez’s daughter, Talia Menendez, who runs a social media campaign on their behalf, told followers that by mid-December, the district attorney would decide whether to reconsider their 34-year-old sentence. However, this was before D.A. George Gascón—who had hinted at support for re-sentencing—lost re-election in November to Nathan Hochman.

Hochman has spoken publically about his differences in opinion with Gascón on the case.

Hochman has not stated his position on resentencing but recently denied a habeas corpus petition that could have led to a retrial or overturned the original verdict. With fewer legal avenues left, the brothers’ fate now hinges on the court’s upcoming decision on resentencing. However, the likelihood of approval seems slim, as Hochman has expressed his belief that the Menendez brothers acted with premeditation and that claims of abuse do not warrant 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 face to the public, which would be made available to both the judge in the re-sentencing and D.A. Hochman.

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.

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