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Menendez brothers clemency decision delayed until new DA can review case, California governor says

If resentenced, it's possible that the brothers, who are now in their 50s, could be released from prison due to time served.
California Menendez Brothers Case
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California Governor Gavin Newsom said that he will not make a clemency decision for convicted murderers Erik and Lyle Menendez because a new district attorney has been elected in Los Angeles.

“The governor respects the role of the district attorney in ensuring justice is served and recognizes that voters have entrusted District Attorney-elect Hochman to carry out this responsibility,” the governor’s office said in a statement obtained by The Associated Press. “The governor will defer to the DA-elect’s review and analysis of the Menendez case prior to making any clemency decisions.”

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The brothers were found guilty in the 1989 murders of their parents, Jose and Kitty Menendez, and were sentenced to life in prison without the possibility of parole. However, family members argue that the boys had a history of sexual abuse at the hands of their father, and the judge overseeing the case never let the defense present much of that evidence to the jury.

In October, current Los Angeles District Attorney George Gascón advocated for re-sentencing the Menendez brothers in light of new evidence — including a letter written by Erik Menendez, alluding to abuse he endured prior to the murders.

However, Gascón recently lost his reelection bid to District Attorney-elect Nathan Hochman. Newsom said a decision on whether to resentence the Menendez brothers won't happen until Hochman reviews the nearly 35-year-old case.

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Lyle and Erik, who were 21 and 18 years old at the time of the killings have spent nearly 35 years behind bars for the murders. If resentenced, it's possible that the brothers, who are now in their 50s, could be released due to time served.

Both brothers remain incarcerated at California's RJ Donovan Correctional Facility, according to the California Department of Corrections.

In the decades since their arrest, their case has continued to transfix the true-crime world — most recently with a Netflix series titled "Monsters: The Lyle and Erik Menendez Story."