The legal team for the Menendez brothers is hopeful that the convicted killers could be home with their family by Thanksgiving after a resentencing push overcame a major hurdle last week. However, experts suggest that this timeline is unlikely, even though the brothers could potentially go free despite exhausting all of their appeals years ago and receiving life sentences without parole.
Erik and Joseph 'Lyle' Menendez claim they shot their father, Jose Menendez, a former RCA Records executive, in self-defense, alleging that they believed he was going to kill them after they disclosed their intention to expose him as a child sex abuser. They also killed their mother, Mary 'Kitty' Menendez, during the ambush. The brothers reloaded their weapons outside before returning to finish her off. The first major hurdle in their quest for reduced sentences was overcome when Los Angeles District Attorney George Gascón agreed with their arguments and requested a resentencing hearing.
Despite this progress, there is a significant chance that Gascón could lose his re-election bid, potentially affecting the timing of the resentencing hearing scheduled for December. The Menendez brothers' defense attorney has been actively working on their case, pursuing avenues such as a habeas corpus petition and a clemency request to the governor.
If successful in any of these endeavors, the attorney could secure his clients' freedom. Nathan Hochman, Gascon's challenger in the upcoming election, could play a crucial role in the case if elected. Hochman's campaign has not committed to either freeing the Menendez brothers or keeping them in jail, indicating that he would thoroughly review the facts and the law before making any decisions.
Judge Michael Jesic, who is overseeing the case, has a resentencing hearing scheduled for December 11. Gascón has requested that the brothers be resentenced to 50 years to life in prison, making them eligible for parole but not immediate release. If their sentences are reduced, the California Parole Board will conduct hearings to determine whether the brothers should be released.
Ultimately, Governor Gavin Newsom holds the final decision regarding the brothers' release. Newsom has the authority to approve or veto the parole board's decision. If the parole board denies release, Newsom could still choose to grant clemency, allowing the brothers to go free. However, their uncle, Milton Andersen, opposes their release and has raised concerns about the validity of new evidence supporting the brothers' claims.
