California Governor Gavin Newsom has ordered a “comprehensive risk assessment” to determine whether Lyle and Erik Menendez would pose a danger to the public if released.
In a letter to their attorney, Mark Geragos, Newsom’s office emphasized that public safety is the governor’s top priority when evaluating clemency requests, considering factors such as rehabilitation, conduct, and the impact on victims. The findings of the parole board’s investigation will be shared with the court and district attorney.
On his podcast This is Gavin Newsom, the governor clarified that while this review increases transparency and due diligence, it does not guarantee clemency. Geragos expressed optimism following Newsom’s decision, while relatives advocating for the brothers’ release postponed a planned press conference.
The risk assessment has a 90-day deadline. If Newsom supports their release, the parole board will have up to six months to review the case. The Menendez brothers, serving life without parole for the 1989 murder of their parents, have requested clemency, citing new evidence, including allegations of past abuse.
The brothers have also filed a habeas corpus petition, introducing letters and testimony suggesting they suffered abuse from their father, Jose Menendez. However, Los Angeles County District Attorney Nathan Hochman has urged the court to dismiss the petition, arguing the new evidence lacks credibility.
Previously, former LA County DA George Gascón recommended resentencing, which could make the brothers immediately eligible for parole.
Hochman, who replaced Gascón in December, has yet to announce his stance, with a resentencing hearing scheduled for March 20–21.
The Menendez brothers were convicted in 1996 after a second trial, following an initial mistrial. Their defense argued they acted in self-defense after years of abuse, while prosecutors maintained they murdered their parents for financial gain.