California Gov. Gavin Newsom has directed the state's parole board to investigate whether Erik and Lyle Menendez pose an "unreasonable" public safety risk if released from prison, where the siblings have spent decades for the 1989 shotgun murders of their parents, the governor said in a teaser Wednesday for his new podcast.
The announcement comes months after their attorneys filed a clemency request with Newsom's office and days after Los Angeles' top prosecutor said he opposed a separate effort by the brothers seeking to overturn their convictions.
In another bid to secure their freedom, Erik, 54, and Lyle, 57, have sought to have their sentences of life without the possibility of parole reduced through a process known as resentencing.
In the teaser for the "This is Gavin Newsom" podcast," the governor said public safety experts and forensic psychologists will conduct a risk assessment investigation for the parole board to determine whether the brothers pose a public safety threat if released.
The findings of that investigation will be handed over to Los Angeles County District Attorney Nathan Hochman, Newsom said, and to the Los Angeles County Superior Court judge presiding over their resentencing effort, which is ongoing.
“There's no guarantee of outcome here," Newsom said. "My office conducts dozens and dozens of these clemency reviews on a consistent basis but this process simply provides more transparency, which I think is important in this case, and more due diligence before I make any determination for clemency.”
Lawyers for the Menendez family, many of whom have supported the brothers' release, said in a statement Wednesday that they were grateful for the governor's comments.
"The family realizes that the Governor’s action does not mean he will commute the sentences," they said. "Instead, this initial step reflects the Governor’s considered decision to at least obtain the information required to make a fair decision as to whether Erik and Lyle, after 35 years in prison, have done the hard work necessary to have a chance at a life outside prison."
The brothers were arrested in March 1990, seven months after Jose and Kitty Menendez were fatally shot in their Beverly Hills home.
The brothers initially lied to police about the killings, saying it could have been a hit linked to organized crime. During two trials in the 1990s, their defense team described the killings as self-defense after years of sexual abuse by their father.
Prosecutors have disputed the sex abuse claims and said the motive was financial. They've also pointed to the cold-blooded nature of the killings: After running out of bullets, Lyle reloaded his shotgun and shot his mother in the face at point blank range.
Former Los Angeles County District Attorney George Gascón — who was voted out in November — said he supported clemency and resentencing for the brothers.
A two-day hearing on the latter effort is scheduled for next month.
