Create a free profile to get unlimited access to exclusive videos, breaking news, sweepstakes, and more!
DA George Gascón Doubles Down on Menendez Brothers Support — What That Means for the Case
Gascón wrote letters to Gov. Gavin Newsom, highlighting the men's exemplary behavior behind bars as they serve life for the 1989 murders of their parents.
As defense attorneys for Lyle and Erik Menendez seek clemency from California Gov. Gavin Newsom, prosecutors say they’re all for the decision.
On Wednesday, October 30, 2024, the Los Angeles County District Attorney’s Office issued a press release stating D.A. George Gascón’s support for the convicted men's release from prison. The announcement comes less than a week after Gascón — up for reelection in November — recommended the siblings be resentenced for the 1989 murders of their parents, José and Kitty Menendez, at their Beverly Hills home.
“I strongly support clemency for Erik and Lyle Menendez, who are currently serving sentences of life without possibility of parole,” said Gascón. “They have respectively served 34 years and have continued their educations and worked to create new programs to support the rehabilitation of fellow inmates.”
The Menendez Brothers' Attorneys Appeals for Clemency
Gascón's support comes two days after attorneys representing the Menendez brothers appealed to Newsom’s mercy, yet another tactic the attorneys are trying in their attempts to have the brothers freed by Thanksgiving.
Gascón attached two letters to the governor's office (one for Lyle Menendez and one for Erik Menendez), giving reasons why he thought the prisoners should be freed.
He noted that Lyle and Erik Menendez were 21 and 18 when they used a pair of Mossberg shotguns to kill their parents “as they sat on the family’s couch watching television and eating.” However, the D.A. maintained there were “credible allegations” that the men, now in their 50s, had endured years of sexual and physical abuse from father José Menendez.
In the D.A.’s letters to the governor, Gascón cited Los Angeles County Probation Reports that documented the alleged abuse. According to those, Lyle Menendez “allegedly suffered at the hands of his father until he was 8 years old.” Gascón cited the same reports concerning Erik Menendez, alleging the younger brother suffered “ongoing molestation” beginning at age 6. He added allegations that José Menendez forcibly sodomized his youngest son at age 12 and throughout his adolescence.
"The sexual abuse continued to occur once every few months up until the homicide,” Gascón wrote in the letter defending Erik Menendez.
During the high-profile trials in the 1990s, evidence of the alleged abuse was kept from the jury that ultimately found them guilty of first-degree murder. In recent years, the prisoners have seen an outpouring of support for leniency.
What's next for the Menendez brothers?
The men could be set free via one of several legal channels, but their freedom isn’t a sure thing yet.
One scenario could see the Menendez brothers resentenced, possibly resulting in their immediate parole, but not before a judge approves Gascón’s Oct. 24, 2024 recommendation. Another what-if would be a response to the defense’s writ of habeas corpus, which would have them retried on lesser charges along the lines of manslaughter.
Seeking a grant of clemency from Gov. Newsom is another alternative in which they may be released from prison.
Newsom has yet to respond to the Menendez brothers’ bid for clemency. When asked for comment by Variety, a spokesperson for the governor’s office stated, “Pending clemency applications are confidential and we’re not able to discuss individual cases.”
Calls for the men’s release have been upheld by their relatives and widely circulated in the new age of TikTok and social media. Recent publicity, including the show Monsters: The Lyle and Erik Menendez Story and explosive allegations revealed in the docuseries Menendez + Menudo: Boys Betrayed — now available to watch on Peacock — has helped the case stay alive and well in the spotlight.
RELATED: Abigail Williams and Liberty German's Final Moments Detailed in Delphi Murders Trial
“There is no question that today [there] would have been a greater level of sensitivity to the way the case was looked at,” Gascón said at an Oct. 3, 2024 press conference when announcing a new review of the case.
Newsom has not commented directly on the latest request for clemency, but said on the Politckin' podcast Saturday that multiple things would factor into his decision, including the brothers' conduct behind bars and if Kitty and Jose's family supports the brothers.
"What matters is justice and fairness — not treating them any worse because they’re celebrities, not treating them certainly any better because they’re celebrities," he added.
George Gascón praises Erik and Lyle Menendez's work behind bars
In his recent support of Lyle and Erik Menendez, Gascón pointed to the men’s actions behind bars as to why they should be released back into society after 34 years. He said both of them had transformed their lives.
The D.A. commended Lyle Menendez — who was incarcerated separately from his brother for the first 21 years of their life terms — for making good use of his time by participating in rehabilitation and earning his associate degree in sociology from Southwestern College.
Erik Menendez also earned his associate degree in sociology, and in May 2022, he received his Certificate in Proficiency in American Sign Language from Southwestern.
“It is reported that Erik Menendez obtained this certification in order to better communicate with the hearing-impaired individuals who are participating in the programs he has created,” Gascón stated. “In May of 2023, Erik Menendez was accepted into the University of California, Irvine.”
A court date for the brothers has been scheduled for Wednesday, December 11, 2024 at the Van Nuys Courthouse in Los Angeles.
Learn more about the case in Menendez + Menudo: Boys Betrayed, available to watch now on Peacock.
