The Menendez brothers, Erik and Joseph “Lyle,” who were convicted killers, have been making a push for resentencing in hopes of being home with their family by Thanksgiving. Despite having exhausted all of their appeals years ago and receiving life sentences without parole, there is a chance they could go free. They claim they shot their parents in self-defense, believing their father was going to kill them after they revealed their plans to expose him as a child sex abuser. The brothers also killed their mother during the ambush. The first major hurdle in their quest for reduced sentences was LA District Attorney George Gascón who agreed to hear their arguments in court. However, there is a possibility that Gascón could lose his re-election bid before their resentencing hearing in December.
The brothers’ defense attorney, Mark Geragos, has been working relentlessly to have them freed. In addition to the resentencing push, he has pursued a habeas corpus petition and petitioned the governor for clemency. If successful in any of these endeavors, the brothers could be granted their freedom. Another key player is Nathan Hochman, a former federal prosecutor and Gascón’s challenger in the election. Should Hochman win, he would be in office during the resentencing hearing, but his campaign has not yet committed to freeing or keeping the brothers in jail. The judge overseeing the case, Michael Jesic, has set a conference and resentencing hearing for late November and December, respectively. Gascón has requested for the brothers to be resentenced to 50 years to life in prison, making them eligible for parole.
If the brothers’ sentences are reduced, the California Parole Board would have six months to hold parole hearings for them. The board would then make recommendations to the governor, Gavin Newsom, who would have the final say on their release. Newsom has been known to go both ways on parole requests in the past. Despite this, their uncle, Milton Andersen, opposes their release and has requested the judge to reject any claims of new evidence supporting their father’s alleged child molestation. Separately, the brothers have a habeas petition in progress that could potentially lead to reduced sentences or even freedom without the resentencing or clemency processes.
Overall, the Menendez brothers are still facing several hurdles on their journey towards potential freedom. With the resentencing hearing scheduled for December and the possibility of a new district attorney coming into office, the outcome remains uncertain. Despite their legal team’s efforts and potential support from various key players, including the parole board and Governor Newsom, the brothers’ release is not guaranteed. The family dynamics surrounding their case, particularly their uncle’s opposition to their release, adds another layer of complexity to their situation. Only time will tell if the Menendez brothers will be reunited with their family outside of prison walls.
