Getty and Heavy The Menendez brothers.
A lawyer for extended family members of Lyle and Erik Menendez and their deceased parents hopes they will be “home for Thanksgiving,” according to The New York Post.
However, the Menendez brothers have had their bid for freedom “thrown into question” because a new district attorney is about to take office, The Post reported.
Still, Bryan Freedman, a lawyer for “24 extended family members of Kitty and José Menendez,” wants the brothers freed. He told The Post of whether they will be home in time for Christmas: “I certainly pray,” and he added, “I’m an optimistic person. I actually hope that they’re home for Thanksgiving.”
The brothers, who were convicted of murdering their parents, Jose and Kitty Menendez, had earned the support, at least to some degree, of Los Angeles County District Attorney Gil Gascon, who agreed to recommend that a court resentence the brothers to a charge allowing parole to be considered immediately. Gascon made the comments in an October 24 news conference. The Menendez brothers were accused of murdering their parents in 1989 in a case that gained widespread media attention at the time.
The brothers’ case gained renewed attention through two streaming shows. In Peacock’s docuseries “Menéndez + Menudo: Boys Betrayed,” a band member named Roy Rosselló accused Jose Menendez, an RCA music executive, of sexually abusing him, Variety reported.
The Menendez brothers were also the subject of a 2024 Netflix series on the case. The abuse accusation wass long been the core of the defense’s case, whereas the prosecution argued that the brothers were motivated by a desire to inherit their parents’ estate, court documents show. Rossello’s statements provided corroborating evidence of the abuse accusations – years later.
New DA Nathan Hochman Says He Would ‘Most Likely’ Ask for Additional Time to ‘Formulate a Thorough Position’ if the Case Isn’t Resolved Before He Takes Office, Reports Say
Gascon was ousted on November 5 by a new DA, Nathan Hochman, who told CBS News that he “may ask the court for more time to review the case,” before the brothers are resentenced in December. According to CBS News, Hochman officially becomes DA on December 2.
In addition, according to CBS News, there is a November 25 motion before a judge to “vacate the first-degree murder convictions.” That appears to set up sort of a race against the clock for the brothers, as Hochman told the Times he may want to review the case.
“As far as the timing goes, if we do need more time to formulate a thorough position on this issue, then I would ask the court, most likely, for additional time,” Hochman told CBS News. “And I wouldn’t engage in delay for delay’s sake because this case is too important to the Menendez brothers. It’s too important to the victims’ family members. It’s too important to the public to delay more than necessary to do the review that people should expect from a district attorney.”
The California Governor Could Also Act to Free the Menendez Brothers
The brothers still have hope to see the outside world, according to CBS News, even if Hochman were to recommend against their parole.
That’s because they have asked California Governor Gavin Newsom to grant them clemency, a bid that Gascon supported because he believes there is now “credible” information that the brothers were abused by their father, CBS News reported.
According to The New York Post, Gascon faced accusations that he had voiced support for the brothers to boost his chances at the ballot box.
Hochman also spoke to The Post, telling the publication, “I’m going to have to review thousands of pages of confidential prison files, thousands of pages of trial transcripts.”
“I am not in a position to tell you today how I will ultimately come out on any aspect of the Menendez case,” he told the Post. However, the fact that Hochman did not immediately say he would oppose the brothers’ release gave hope to the lawyer wanting them freed, The Post reported.
Jessica McBride is a news, sports, and entertainment reporter covering breaking news, politics sports, entertainment, and crime for Heavy. She is a former reporter for the Milwaukee Journal Sentinel and Waukesha Freeman newspapers in Wisconsin and is a senior journalism instructor at the University of Wisconsin Milwaukee. More about Jessica McBride