California governor will not review clemency for Menendez brothers until DA reviews case

California Gov. Gavin Newsom said he'll hold off making a clemency decision on the Menendez brothers' murder case until incoming Los Angeles County District Attorney District Attorney Nathan Hochman reviews the nearly 35-year-old case.

"The governor respects the role of the district attorney in ensuring justice is served and recognizes that voters have entrusted District Attorney-elect Hochman to carry out this responsibility,” the governor’s office released in a statement to USA TODAY. “The governor will defer to the DA-elect’s review and analysis of the Menendez case prior to making any clemency decisions.”

Brothers Erik and Lyle Menendez, who are both serving life sentences without parole for the brutal murders of their parents inside their Beverly Hills home, were convicted in 1996 of fatally shooting their parents Jose and Kitty Menendez after their highly publicized and televised first trial ended in a mistrial. Lyle was 21 and Erik was 18. They are now 56 and 53, respectively.

"The Menendez file is now a little thicker because we did deeper research in the last ten days. That's all on my desk, but let me just say a couple things." Newsom said during a recent podcast with Super Bowl Champion Marshawn Lynch, and their friend and agent Doug Hendrickson. "You do have a new District Attorney ... I'll be deferring to (him). That's something I have (until now) not said publicly, but I think it is important under the circumstance, out of respect, not just for the new DA but those that elected him, rather overwhelmingly in Los Angeles."

In late October, LA County District Attorney George Gascón filed a recommendation in court to resentence the Menendez brothers, asking for the possibility of parole to be put back on the table in light of new evidence. The penalty for two murders is 50 years to life in prison, but since the brothers were under age 26 at the time of the crimes, Gascón said they would be immediately eligible for parole right away under California law.

Gascón sent letters to Newsom noting the brothers' "credible allegations" of sexual and physical abuse from their father, a wealthy music industry executive. The letter also cited years of "dedication to rehabilitation." The outgoing DA has met with family members who have been pleading for the brothers' release and previously told reporters he believes the brothers "have paid their debt to society."

'Thorough review... regardless of media attention'

On Tuesday, Hochman told USA TODAY he will review the files before considering resentencing.

Hochman is set to take office on Dec. 3.

“Once I take office... I look forward to putting in the hard work to thoroughly review the facts and law of the Menendez case, including reviewing the confidential prison files, the transcripts of the two trials, and the voluminous exhibits as well as speaking with the prosecutors, defense attorneys and victim family members," Hochman said. "This is the same type of rigorous analysis I have done throughout my 34 year career in criminal justice as a prosecutor and defense counsel, and the same type of thorough review that I will give to all cases regardless of media attention.”

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Menendez brothers' attorney: 'There's a chance'

In an interview with NewsNation, Mark Geragos, the sibling's lawyer, told Ashleigh Banfield there’s a chance the brothers will be home for the holidays but in the end, the decision is up to the judge.

He also told the outlet he was not shocked with the Newsom's decision.

“The governor is going to do what the governor is going to do,” Geragos said, adding a status hearing on the case is set Monday.

USA TODAY has reached out to Geragos.

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When is resentencing for the Menendez brothers?

California Department of Correction and Rehabilitation online records show Lyle Menendez remained a prisoner at the Richard J. Donovan Correctional Facility Tuesday, along with his brother.

The brothers resentencing hearing is set Dec. 11.

Documentaries and a controversial series

The case gained fresh attention after a slew of documentaries and after Netflix released a controversial TV series of the Menendez brothers and their parents' 1989 murder, and a documentary on their high-profile trial.

"The Menendez Brothers" documentary is available to stream on Netflix. It features interviews with both siblings as well as new interviews with their cousin Diane Vander Molen and prosecutor Pamela Bozanich.

All nine episodes of "Monsters: The Lyle and Erik Menendez Story," an contentious anthology series created by Ryan Murphy, are also available to stream on Netflix.

Contributing: John Bacon, Christopher Cann, and Anthony Robledo

Natalie Neysa Alund is a senior reporter for USA TODAY. Reach her at [email protected] and follow her on X @nataliealund.

This article originally appeared on USA TODAY: Gavin Newsom defers making clemency decision for Menendez brothers