Newsom says clemency decision for Menendez brothers will wait until new DA reviews case
LOS ANGELES -- The defense team for Erik and Lyle Menendez is currently pursuing at least three separate courses of action to try to get the brothers free.
One of those scenarios involves seeking clemency from the governor.
But Gov. Gavin Newsom on Monday made it clear that option will have to wait.
The governor said Monday he wants to see what new Los Angeles County District Attorney Nathan Hochman wants to do about the case before he makes his own decision on the possibility of clemency.
"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," according to a statement from Newsom's office. "The Governor will defer to the DA-elect's review and analysis of the Menendez case prior to making any clemency decisions."
Newsom also apparently discussed the case in a recent podcast episode which is expected to be released soon.
Hochman has said he plans to study the case files once he officially takes office. On Monday he reiterated that position in a statement responding to the governor's comments.
"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."
Hochman to review Menendez case
Hochman's role relates to one of the brothers' other paths to freedom, a resentencing by the court. The brothers are currently serving sentences of life in prison without possibility of parole for the 1989 murders of their parents in Beverly Hills.
But their lawyers are hoping a court can alter that sentence to offer them a chance at parole, possibly immediately, in part based on their good behavior in prison.
Current District Attorney George Gascón - who lost to Hochman in the election earlier this month - filed a brief with the court supporting a resentencing which could result in their immediate release on probation.
Besides clemency and resentencing, a third option to free the brothers is a habeas corpus petition, filed last year asking a review of new evidence not presented at trial. That includes evidence of alleged abuse by the brothers' parents, Jose and Kitty Menendez. The hearing on the habeas corpus petition is set for Nov. 25.
