Lyle and Erik Menendez may have a chance at freedom 35 years after the highly publicized events of August 20, 1989, when the brothers, then 21 and 18, fatally shot their parents in the family’s Beverly Hills mansion.
Los Angeles District Attorney George Gascón filed a motion on Wednesday supporting the Menendez brothers’ request for clemency from Governor Gavin Newsom. In a statement, Gascón expressed, “I strongly support clemency for Erik and Lyle Menendez, who are currently serving life sentences without the possibility of parole. They have served 34 years and have continued their education while working to create programs that support the rehabilitation of fellow inmates.”
Here’s what clemency entails and what could happen next.
Clemency is a legal power that allows a government official, typically a governor or the president, to reduce the severity of a punishment or grant relief from a criminal sentence. This can include:
A hearing on the matter could take place in 30 to 45 days, at which point a Los Angeles Superior Court judge will determine whether the brothers will be resentenced.
Previously, District Attorney Gascón announced plans to request a resentencing for the brothers, potentially for manslaughter, which could result in their immediate release if the judge agrees. A court date is set for December 11 to discuss Gascón’s proposal to alter their sentences. However, the clemency petition filed by the brothers’ attorney this week would bypass the resentencing process initiated by Gascón.
Gascón stated that he supports resentencing the brothers to life with the possibility of parole, which typically entails a sentence of 50 years to life in prison. However, since the crimes occurred when the brothers were under 26, they would qualify for youthful parole under California law.