Gov. Gavin Newsom announced Monday that he would postpone a decision on clemency for the Menendez brothers until newly elected District Attorney Nathan Hockman reviews the case.
“The Governor respects the district attorney’s role in ensuring justice is served and recognizes that voters have entrusted District Attorney-elect Hochman with carrying out this responsibility,” Newsom’s statement said. It is written. “The Governor will await the review and analysis of the incoming Democratic Congressman regarding the Menendez case before making any clemency decisions.”
The Menendez brothers filed a clemency request against Newsom in October, which was supported by District Attorney George Gascon.
The brothers’ attorney, Mark Geragos, said in an interview with NewsNation that he was not surprised by the governor’s decision.
“The governor is going to do what the governor is going to do,” Geragos said.
While Eric and Lyle Menendez await a retrial hearing scheduled for Dec. 11, Geragos said there will be a status hearing on the case on Monday, Nov. 25.
“George Gascón is still the prosecutor, so it will be interesting to see what happens in that hearing,” Geragos told NewsNation. “And I think if you read between the lines, the governor is hinting that he intends to postpone the next DA attempt to do an analysis.”
Congressman-elect Hochman issued the following statement regarding his review of this case.
“When I take office on December 3, I look forward to working to thoroughly review the facts and law of the Menendez case, including reviewing confidential prison files, records from two trials, and extensive exhibits.” We are talking to prosecutors, defense attorneys, and victims’ families. This is the same type of rigorous analysis that I have done throughout my 34-year career in criminal justice as a prosecutor and defense attorney, and the same that I do for every case regardless of media attention. A thorough analysis of the types. ”
In an interview with KTLA earlier this month, Hochman outlined his plan to solve the case.
“Whether it’s the Menendez case or honestly any case, my approach is: You have to put in the hard work,” he told KTLA. “In that case, we would have to sift through thousands of pages of confidential prison files, review thousands of court records from months-long trials, and speak with prosecutors, law enforcement, and defense attorneys. Hmm…and the families of the victims.”
“Only then can we be in a position to determine whether re-sentencing is a remedy in this situation, or whether what is being sought in re-sentencing is an appropriate request,” Hochman continued. “I’m not in that position right now, but I can tell you that if I have to make a decision like that, I’m going to work hard to make the right decision.”
Hochman is scheduled to be sworn in on Dec. 2, ahead of a hearing to seek his brother’s release.
Geragos confirmed to KTLA in October that his defense team would seek to have his murder conviction vacated at resentencing and instead seek a lesser charge of voluntary manslaughter.
Lyle Menendez (age 21 at the time) and Eric Menendez (age 18 at the time) feared that their parents were trying to kill them to prevent Jose Menendez’s sexual activity from becoming public knowledge. He admitted to shooting and killing his father, Jose Menendez, and his mother, Kitty Menendez. According to the Associated Press, he abused Eric Menendez for years.
They were convicted in 1996 without a chance of parole.
The maximum sentence for manslaughter is 11 years, so if approved, Eric and Lyle Menendez could be eligible for parole and released after spending nearly 35 years in prison.