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LA District Attorney Requests Clemency for Menendez Brothers from Governor


Gascón stated his support for clemency, citing ‘credible allegations’ of sexual and physical abuse as the reason for this potential sentence reduction or pardon.

Los Angeles District Attorney George Gascón on Oct. 30 requested that Gov. Gavin Newsom grant clemency to convicted murderers Erik and Lyle Menendez, supporting their attorney’s petition.

Gascón’s request follows a court filing on Friday seeking resentencing for the brothers, who were convicted in 1996 of murdering their parents in Beverly Hills.

He endorsed clemency due to the ‘credible allegations’ of abuse suffered by Lyle Menendez from his father, potentially leading to a pardon or reduced sentence.

“I strongly support clemency for Erik and Lyle Menendez, who are currently serving sentences of life without possibility of parole,” Gascón stated in a news release on Wednesday. “They have respectively served 34 years and have continued their educations and worked to create new programs to support the rehabilitation of fellow inmates.”

The district attorney’s office did not respond to a request asking whether the brothers would be eligible to collect whatever is left of their parents’ estate, which was valued at $14.5 million at the time of their death. Much of the money has already gone toward taxes and legal fees, according to local news reports.
The Menendez brothers, now 53 and 56, were sentenced in 1996 for the double murder of their father, entertainment executive Jose Menendez, and mother Kitty Menendez in 1989.

The victims were sitting on the family’s couch watching television and eating when the brothers fired Mossberg shotguns at them and killed them, according to Gascón.

Los Angeles defense lawyer Mark Geragos, who represents the brothers, submitted his clemency request to Newsom on Monday.

In California, convicts can apply to the governor for a commutation of their sentence, which can reduce a state prison term, or a pardon, which restores some of the convict’s civic rights.

Newsom is not required to consider the application and there is no set timeline for review. The applicant also doesn’t face a court hearing and there is no fee to apply, according to the governor’s office.

The men, who were 21 and 18 at the time of the murders, remain behind bars at Richard J. Donovan Correctional Facility in San Diego.

A recent documentary on Netflix, “The Menendez Brothers,” released by Campfire Studios, details the case and their claim of sexual abuse by their father.

Lyle, left, and Erik Menendez with defense attorney Leslie Abramson, right, in Beverly Hills Municipal Court during a hearing on Nov. 26, 1990. (Nick Ut/AP Photo)

Lyle, left, and Erik Menendez with defense attorney Leslie Abramson, right, in Beverly Hills Municipal Court during a hearing on Nov. 26, 1990. Nick Ut/AP Photo

The movie prompted a flood of calls to Gascón’s office from the public seeking their release, he said last week.

Many members of the Menendez family support Gascón’s request to Los Angeles Superior Court to resentence the two brothers, which could allow them to be released immediately.

The district attorney filed the resentencing request Friday, he announced in a news conference.

The men were tried twice. The first ended in a hung jury, with half of the jurors favoring a manslaughter conviction. They were retried in 1995, with much of the testimony centering on alleged sexual abuse by their father.

The brothers’ attorney, Geragos, did not return a request for comment about the clemency request Wednesday, but told the host of Banfield, a late-night TV program on News Nation, on Tuesday that the governor was considering the idea.

“You don’t have to exactly read between the lines to see that the governor is seriously considering the idea of either commuting or granting clemency to the Menendez brothers,” Geragos told Banfield. “He even invoked two words—his words—‘fast tracked.’”

L.A. County District Attorney George Gascón at the Hall of Justice on Aug. 19.  (Jill McLaughlin/ The Epoch Times)

L.A. County District Attorney George Gascón at the Hall of Justice on Aug. 19.  Jill McLaughlin/ The Epoch Times

While in prison, Lyle Menendez earned a bachelor’s degree in sociology from the University of California, Irvine. He also created four programs within the prison to help other inmates with gardening and rehabilitation.

Erik Menendez has earned an associate’s degree in sociology and learned American Sign Language to communicate with hearing-impaired people who participate in programs he created in prison, according to the district attorney.

Newsom discussed the Menendez brothers’ documentary and his process for considering parole hearings in his podcast Politikin.’

“I met with the team that put that series together about nine months ago, and they gave me heads up,” Newsom said. “They said, watch, see what happens after this series is released, because it’s gonna generate a lot more conversation around whether or not these guys should be released or resentenced.”

Newsom didn’t say whether he would consider clemency, but said he was working on other pardons and commutations last week. Newsom said he considers whether family members support the resentencing and how the inmates have handled rehabilitation.

The governor said any assessment of the brothers will consider their conduct in prison.

“Did they invest in their own rehabilitation? Have they committed to being better people outside those prison walls?” Newsom said.



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