Menendez Brothers May Receive Clemency: Here’s What It Means for Their Sentence

Lyle and Erik Menendez may have a chance at freedom 35 years after the highly publicized events of August 20, 1989, when the brothers, then 21 and 18, fatally shot their parents in the family’s Beverly Hills mansion.

Los Angeles District Attorney George Gascón filed a motion on Wednesday supporting the Menendez brothers’ request for clemency from Governor Gavin Newsom. In a statement, Gascón expressed, “I strongly support clemency for Erik and Lyle Menendez, who are currently serving life sentences without the possibility of parole. They have served 34 years and have continued their education while working to create programs that support the rehabilitation of fellow inmates.”

Here’s what clemency entails and what could happen next.

What Is Clemency?

Clemency is a legal power that allows a government official, typically a governor or the president, to reduce the severity of a punishment or grant relief from a criminal sentence. This can include:

1. Pardon: Forgiveness for a crime, which can restore rights lost due to a conviction.
2. Commutation: Reduction of a sentence, often shortening prison time without overturning the conviction.
3. Reprieve: A temporary delay of a punishment, often used in death penalty cases.

What Are the Next Steps in the Clemency Process?

A hearing on the matter could take place in 30 to 45 days, at which point a Los Angeles Superior Court judge will determine whether the brothers will be resentenced.

Previously, District Attorney Gascón announced plans to request a resentencing for the brothers, potentially for manslaughter, which could result in their immediate release if the judge agrees. A court date is set for December 11 to discuss Gascón’s proposal to alter their sentences. However, the clemency petition filed by the brothers’ attorney this week would bypass the resentencing process initiated by Gascón.

What Are the Potential Effects of Clemency on Their Sentences?

Gascón stated that he supports resentencing the brothers to life with the possibility of parole, which typically entails a sentence of 50 years to life in prison. However, since the crimes occurred when the brothers were under 26, they would qualify for youthful parole under California law.

Describing the brothers as “model prisoners,” Gascón told CNN that he believes there is a strong likelihood they would be granted parole if the case reaches the parole board. An attorney for one of the brothers expressed hope that they could be home in time for Thanksgiving.

What Led to the Reexamination of Their Case?

Gascón’s review of the case was prompted by a habeas corpus petition filed by the Menendez brothers’ attorneys in 2023, which cites what they believe to be new evidence and a recent California law that allows the court to consider sentences in similar cases during resentencing.

Among the new evidence cited in the 2023 petition is a sworn statement from former Menudo member Roy Rosselló, who alleged that he was sexually assaulted by the brothers’ father, Jose Menendez, in the 1980s. Additionally, the attorneys pointed to a letter Erik wrote to a cousin just months before the killings, indicating that he was a victim of abuse.

In his motion, Gascón highlighted the brothers’ rehabilitation efforts while in prison, emphasizing that they had no expectation of release during that time. The brothers have participated in victim impact programs, workshops, and various events, as well as created multiple initiatives to help those in need within their community.

“Both Erik and Lyle Menendez have been recognized for their work ethic, professionalism, and significant contributions to the betterment of their community,” the filing stated.