The Menendez brothers, Erik and Lyle, who have remained incarcerated at RJ Donovan Correctional Facility in San Diego under life sentences without the possibility of parole, are poised to become the inaugural individuals to navigate California's newly implemented Board of Parole Hearings Clemency process. This significant development will unfold in June 2025, as the Brothers are scheduled to undergo a Clemency Investigation Hearing akin to a Lifer Parole Hearing, marking a pivotal moment in their decades-long confinement and the application of this revised system.
As part of a Clemency case - Lyle and Erik Menendez will appear at independent parole board hearings on June 13, (a.k.a Clemency Investigation Hearing) according to the Governor.
As a quick reminder The Menendez brothers' murder case captivated the nation with its shocking details of the brutal shotgun slayings of their wealthy parents in their Beverly Hills mansion in 1989.
On Oct. 24, 2024 Gascón (DA back then) announced he was recommending the brothers' sentence of life without the possibility of parole (LWOP) be removed, and they should instead be sentenced for murder, which would be a sentence of 50 years to life.
On Nov. 5, 2024 Gascón lost his race for reelection to now new Prosecutor Nathan Hochman. Due to complications (read below) the resentencing hearing was delayed until further notice.
On Feb. 26, 2025 California Gov. Gavin Newsom spoke out about the brothers' other potential path to freedom: their request to the governor for Clemency.
Newsom said he’s ordering the parole board to launch a "comprehensive risk assessment" investigation into whether the brothers pose "an unreasonable risk to the public" if released.
What is the role of the BPH in the New Clemency process?
California’s Constitution gives the Governor
authority to grant cle m enc y in the form of commutations, pardons, and reprieves. The Governor also has the authority to as k th e Bo ar d of Pa ro le H ea ri ng s to
in ve st ig at e clemency applications. The Governor routinely sends cases to the Board for investigation and relies on their findings to decide whether to grant clemency. In late February 2025, the Governor sent two such commutation applications to the Board for investigation under this provision.
Under a different law, the Board has the authority to send c om m u ta t io n
re co m m en da ti on s to the Governor and re se nt e nc in g re co m m e nd at io ns to courts. The Governor and the judges are not obligated to act on these recommendations. Currently, the Board is working to have a process in place for making those recommendations.
What policy change to Board practices has the Governor proposed?
The Governor has asked the Board to update its regulations to create a process by which the Board will only use its authority to recommend people for commutation and resentencing after a risk assessment.
The proposed process will:
-Focus on public safety
-Give crime victims and district attorneys the opportunity to meaningfully participate before a clemency or resentencing decision is made
-Be consistently and fairly applied
The Governor asked the Board to model the new process on its existing parole hearing risk assessment process. The Board’s process for assessing parole suitability is accurate – people released after a parole hearing have lo w re c id iv is m
rat es . These regulations will create a transparent, fair, and risk-based process for the Board to exercise its authority to recommend cases for clemency and resentencing.
How will the proposed process work?
It is anticipated that the Board’s proposal will include the following components. People who meet specified eligibility criteria will receive an initial review by parole hearing officers, similar to the Board’s current process for a consultation. If the hearing officer decides to advance these candidates in the process, a forensic psychologist will conduct an in-depth Comprehensive Risk Assessment. Parole hearing officers will then conduct a hearing where the district attorney may participate, as well as victims and next-of-kin who receive support from CD CR ’s O ff ic e o f V ic ti m an d S ur vivo r R ig ht s an d Se rv ic es . The hearing officers will review the Comprehensive Risk Assessment, correctional records, and other information and determine if the person currently poses an unreasonable risk to public safety. If the person is found suitable, the Board will share its findings with the Governor and courts. The process does not confer any rights on the person and does not entitle them to release from prison unless the Governor or a court acts to change their sentence.
When will this proposed process go into effect?
The Board will implement the proposed proposal after it finalizes the policy and completes a public rulemaking process. This is required because, when adopting new regulations, every department in the executive branch of California state government must follow the Administrative Procedure Act and regulations adopted by the O ff ic e of A dm i ni st ra ti ve La w . This rulemaking process, which can take sometime, gives the public a meaningful opportunity to participate in the adoption of new regulations.
EDITORIAL COMMENT:
This new avenue within the California
legal framework offers a significant and hopeful prospect for individuals
serving life sentences without the possibility of parole. The forthcoming
process, empowering the Board of Parole Hearings to forward commutation
recommendations to the Governor and resentencing proposals to the courts,
signifies a crucial step towards acknowledging potential for change and
offering a pathway for review within a system that previously appeared
absolute. As the Board diligently establishes the mechanisms for these
recommendations, it introduces a vital element of flexibility and the potential
for a second look, fostering a sense of possibility where finality once
reigned.
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A SHORT PROCEDURAL BACKGROUND OF THE MENENDEZ BROTHERS’ CASE
2018
In 2018, Lyle and Erik Menendez were reunited for the first time since 1996, when Lyle Menendez was moved to Erik Menendez’s prison: the R.J. Donovan Correctional Facility in San Diego.
2023
After spending decades behind bars, in 2023, the brothers filed a habeas corpus petition for a review of new evidence not presented at the original trial. One piece of evidence is allegations from Roy Rosselló, a former member of the boy band Menudo, who revealed in the 2023 docuseries "Menendez + Menudo: Boys Betrayed" that he was raped by Jose Menendez. The second piece of evidence is a letter Erik Menendez wrote to his cousin eight months before the murders detailing his alleged abuse. The cousin testified about the alleged abuse at trial, but the letter -- which would have corroborated the cousin's testimony -- wasn't unearthed until several years ago, according to the brothers' attorney. Through the habeas corpus petition, the court could reverse the conviction or reopen proceedings.
September 2024
In September 2024, Ryan Murphy's fictional series, "Monsters: The Lyle and Erik Menendez Story," premiered on Netflix, bringing new attention to the infamous murders.
October 2024
Weeks later, on Oct. 7, a documentary on the Menendez brothers was released on Netflix. The two Netflix programs gained a following online from a younger generation who empathized with the brothers' alleged abuse and started advocating for their release. On Oct. 16, nearly two dozen Menendez family members added to that momentum when they united at a news conference to urge Los Angeles County District Attorney George Gascón to recommend resentencing. On Oct. 24, Gascón announced he was recommending the brothers' sentence of life without the possibility of parole be removed, and they should instead be sentenced for murder, which would be a sentence of 50 years to life. Because both brothers were under 26 at the time of the crimes, they would be eligible for parole immediately with the new sentence.
November and December 2024
On Nov. 5, Gascón lost his race for reelection to now new Prosecutor Nathan Hochman.
Hochman became DA in December and said he wanted to review all of the evidence -- including prison records and trial transcripts -- before deciding if he'll recommend resentencing.
February 2025
On Feb. 21, Hochman announced that he asked the court to deny the brothers' habeas corpus petition, which aims to get a new trial or the case tossed out. The DA argued the new evidence the defense presented wasn't credible or admissible.
Hochman also said he would announce a decision on resentencing in the coming weeks. If Hochman recommends resentencing, the final decision then goes to the judge, and the parole board must also approve.
On Feb. 26, California Gov. Gavin Newsom spoke out about the brothers' third potential path to freedom: their request to the governor for clemency.
Newsom said he’s ordering the parole board to launch a "comprehensive risk assessment" investigation into whether the brothers pose "an unreasonable risk to the public" if released.
March 2025
On March 10, Hochman announced he's asking the court to withdraw the previous district attorney's motion for resentencing, alleging the brothers never accepted responsibility for their actions and slamming their claims of self-defense as part of a litany of "lies."
April 2025
On April 11, following an hour long hearing, Judge Michael Jesic denied District Attorney Hochman's motion to withdraw the resentencing petition, marking a win for the brothers' case. The brothers' long-awaited resentencing hearing was expected to begin on April 17. Attorney Mark Geragos, representing Erik and Lyle Menendez, who were sentenced in 1996 to life in prison without the possibility of parole for fatally shooting their parents, speaks to the media outside of court after a resentencing hearing in their case, Thursday, April 17, 2025, in Los Angeles.
But the night before, prosecutors in a filing urged the court to obtain a copy of the parole board's recently completed risk assessment, which was conducted as a part of the separate clemency path. The prosecution's filing urged the judge to delay the sentencing if the court couldn't get a copy of the report in time for the hearing in the resentencing path. In the end, the resentencing hearing did not proceed as planned, as the governor’s office said it would allow the judge to seek the risk assessment reports. The resentencing hearing is delayed until further notice.
The brothers' next hearing is to determine whether the resentencing path should factor in the newly completed parole board's Comprehensive Risk Assessment (CRA) and whether DA Hochman and his team will be removed from the case.
