California Governor Gavin Newsom has decided to delay clemency requests for Erik and Joseph “Lyle” Menendez, who are serving life without parole for their parents’ murder in 1989.
He will wait for newly elected Los Angeles District Attorney Nathan Hochman to review the case, respecting the voters’ choice to replace former DA George Gascon.
Hochman plans to thoroughly examine all aspects of the case, including trial transcripts and prison files, before making a decision.
The resentencing hearing, initiated by Gascon before his election defeat, is scheduled for December 11.
If Hochman pursues resentencing, Newsom will have the final say on any potential changes to the brothers’ sentences.
“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,” Newsom’s office said in a statement. “The Governor will defer to the DA-elect’s review and analysis of the Menendez case prior to making any clemency decisions.”
Hochman said, “I will have to review the confidential prison files for each brother, the transcripts from both trials, and speak to the prosecutors, law enforcement, defense counsel, and the victims’ family members. Only then can I make a decision. If, for some reason, I need additional time, I will ask the court for that time.”
“Once I take office on December 3, 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.”