Topline:
Gov. Gavin Newsom has ordered the parole board to conduct a risk assessment of Erik and Lyle Menendez, who are serving a life sentence for the 1989 murders of their parents in Beverly Hills. The state board will examine whether the two would pose “an unreasonable risk to public safety” if they were released.
The backstory: The Menendez brothers were convicted and sentenced to life in prison without the possibility of parole after repeatedly firing shotguns at their parents. The two said they did so after years of sexual abuse by their father and because they feared for their lives. In their more than three decades behind bars, the brothers say they have undergone a transformation, becoming involved in rehabilitation programs and starting programs for others in prison. The two asked the governor for clemency and release. This assessment is part of that process.
Newsom's view: “There’s no guarantee of outcome here,” Newsom said on his podcast. “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.”
Statement from the brothers' lawyers: “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,” Mark Geragos and Cliff Gardner said in a statement.
Other requests: The brothers also filed a habeas corpus petition asking for a new trial based on what they say is new evidence that they were sexually abused by their father. Los Angeles County District Attorney Nathan Hochman recently opposed the petition. The brothers have also asked to be resentenced under a California law that allows a judge to reduce a sentence if the original sentence is no longer “in the interest of justice” or was disproportionately harsh. A judge has scheduled a resentencing hearing for March.