California Gov. Newsom delays clemency decision as incoming LA County District Attorney reviews Menendez brothers’ case

California Gov. Gavin Newsom will delay his decision on the Menendez brothers’ clemency petition to allow incoming Los Angeles County District Attorney Nathan Hochman to review the case, his office announced Monday.

“The governor respects the district attorney’s role in ensuring that justice is served and recognizes that voters have entrusted District Attorney-elect Hochman with carrying out this responsibility,” Newsom’s office said in a statement. “The governor will submit to the elected DA’s review and analysis of the Menendez case before making any clemency decisions.”

Lyle and Erik Menendez have spent about 35 years in state prison after being convicted of their parents’ murders in 1989. Outgoing District Attorney George Gascón sent letters in support of the brothers’ clemency to Newsom after a Netflix show and documentary revived interest in the brothers’ case.

“I strongly support clemency for Erik and Lyle Menendez, who are currently serving life sentences without the possibility of parole. They have each served 34 years and have continued their educations and worked to create new programs to support the rehabilitation of fellow inmates.” Gascón said in a statement before he lost his re-election bid.

In an interview, Hochman said if the case is not resolved by November 25 habeas petition hearing — when a judge will hear a motion requesting that the first-degree murder convictions be dismissed — he will review the case to determine whether or not to recommend recusal.

Hochmannwho will be sworn in on December 2, indicated that he would ask the court for additional time to review the cast ahead of the hearing scheduled for December 11.

“I would not engage in delay for the sake of delay because this case is too important to the Menendez brothers,” Hochman said in an interview earlier in November. “It’s too important to the victims’ family members. It’s too important to the public to delay any longer than necessary to do the review that people should expect from a district attorney.”

Such an analysis of the case would involve reviewing thousands of pages of jail records and transcripts of the months-long trial, as well as speaking with law enforcement, prosecutors, defense attorneys and victims’ family members, he added.

“Whatever position I ultimately end up taking, people should expect me to spend a lot of time thinking about it and analyzing the evidence,” Hochman said. “But my 34 years of criminal justice experience — involving hundreds of cases as a prosecutor and defense attorney — allows me to work quickly and quickly to conduct this type of thorough review because I’ve done it in many, many cases before.”

After being arrested for their parents’ deaths in 1990, the Menendez brothers went through two trials in which prosecutors argued they murdered their parents because greed. However, the siblings testified that they killed their parents in self-defense. The brothers told the jury about the alleged sexual abuse they said they experienced at the hands of their father during an emotional, much-publicized first trial.

After closing arguments, jurors spent about four days deliberating, but failed to reach a unanimous decision. The judge declared a mistrial after the jury was unable to reach a decision.

In the next and final trial, the presiding judge did not allow the defense to present any evidence related to the allegations of sexual abuse. Prosecutors claimed the brothers lied about the charges.

The second jury convicted Erik and Lyle Menendez of first-degree murder in 1995 and sentenced them to life in prison without parole. possibility of parole.