ReportWire

Tag: clemency request

  • Menendez brothers resentenced to 50 years to life, opening the door for possible parole, judge rules

    A judge resentenced Erik and Lyle Menendez to 50 years to life in prison for the 1989 murders of their parents, ruling Tuesday the brothers will be eligible for parole. The brothers have been serving life without parole for the killings.The stunning decision came at the end of the first day of what was scheduled to be a two-day hearing about resentencing for the brothers, who were convicted of first-degree murder for the killings in the living room of the family’s Beverly Hills home.Judge Michael Jesic said during the resentencing that a horrific crime was committed, but he was equally shocked by the letters from prison and corrections officers, saying it’s remarkable what the brothers have done.While they are immediately eligible for parole, Jesic said he is not suggesting they should be released, but “one day they should get that chance.”The state parole board and governor must still decide whether to grant parole. A hearing with the board is already scheduled for June 13 as part of a separate bid by the brothers.They’re also seeking clemency from the governor, which could allow for their immediate release, and they have filed a habeas petition for a new trial.“It’s now up to the parole board and the governor of California,” Jesic said. CNN has reached out to the governor’s office and the state parole board for comment on the ruling.The parole board could either deny their request or recommend to the governor that they be granted parole. If the board recommends parole be granted, the decision will go to Gov. Gavin Newsom.In California, the governor has “executive authority to affirm, reverse, or modify any Board decision to grant or deny parole to a convicted murderer,” according to the California Department of Corrections and Rehabilitation. He’ll have 120 days to do that.In 2022, Newsom used that authority to deny parole for Sirhan Sirhan, the man convicted of assassinating Sen. Robert F. Kennedy, after the board recommended Sirhan for parole.Last fall, former Los Angeles County District Attorney George Gascón recommended resentencing for the brothers, but his successor, Nathan Hochman, has fought against it.“The decision to resentence Erik and Lyle Menendez was a monumental one that has significant implications for the families involved, the community, and the principles of justice,” Hochman said in a statement Tuesday evening. “Our office’s motions to withdraw the resentencing motion filed by the previous administration ensured that the Court was presented with all the facts before making such a consequential decision.”The hearing moved much more quickly than expected. Jesic had given no indication about when or in what form he would rule, acknowledging the complicated nature of the case in which the family members are victims who also support the defense. It was even thought a decision wouldn’t come before the end of proceedings Wednesday, he said.Brothers take ‘full responsibility’ for the murdersThe high-stakes hearing began Tuesday with arguments about whether Erik and Lyle Menendez should be resentenced in the first place.The brothers appeared remotely from prison before the judge made the decision, and both took “full responsibility” for the murders.“I committed an atrocious act against two people who had every right to live, my mom and dad,” Erik said, adding that he “created a crushing sadness” for his family and there was “no excuse” for his behavior.“I will never stop trying to make a difference whether I am inside or outside of prison,” he said.Lyle also admitted to killing his parents, saying he “was immature” and “filled with rage.”“Had I trusted others to help me, I wouldn’t have committed these crimes,” he said. “I didn’t think anyone would believe me about my sexual abuse.”If he was let out of prison, he would “continue to serve sexual abuse victims,” he said.After court, defense attorney Mark Geragos said, “I just know that on a day like today, that redemption is possible.”“The fact is, the Menendez brothers have done remarkable work, and today is a great day after 35 years,” he said. “They are a real family, real people who have lived through unimaginable horrors, and I’m hopeful and glad that we’re one, one huge step closer to bringing the boys home.”The brothers were hoping the judge would reduce that sentence to life with parole; Geragos said earlier Tuesday he hoped the judge would go even further and reduce the charge to voluntary manslaughter, with a sentence of time served.Family members and close supporters testifyFamily members who have long supported the brothers were in court Tuesday, with several taking the stand to plead for the brothers’ release.“We just want this to end,” cousin Anamaria Baralt testified.Relatives say the brothers have demonstrated remorse and rehabilitation, and that the severity of the sentence should be revisited because of an evolving understanding of childhood sexual abuse. The brothers have maintained they carried out the murders in self-defense after years of abuse by their father, and continued to say that Tuesday.Diane Hernandez, another cousin who testified Tuesday, lived with the Menendez family in their Beverly Hills home and viewed herself as an older sister to the boys. On the stand, she described how Jose Menendez intimidated and terrorized the house, and testified about his “hallway rule” that when he was with the brothers, no one else could be.“Please be merciful,” Hernandez told the judge. The brothers, she said, “are remarkable human beings at this point.”Hochman, the current Los Angeles County district attorney, had said he was not opposed to resentencing, but doesn’t feel it’s justified yet. The brothers, he says, have “fabricated” their claims of abuse and self-defense and must admit it first.“The Menendezes have had numerous chances to come clean with all their actions and if and when they do, they’ll be ready for resentencing,” Hochman told CNN earlier Tuesday.Prosecutors pressed family members on whether they were aware of the brothers having lied to them over the years.“Were you aware the brothers lied to the family, to law enforcement and to the media?” Seth Carmack asked Tamara Goodell, another cousin. She said she was, but that the brothers never spoke about it to her one way or another and they talk about the murders with her only to say sorry.Baralt was also asked whether the brothers had ever admitted to lying and trying to manipulate the case. She said Lyle had recently admitted asking a girlfriend to lie about his father’s abuse.Retired Judge Jonathan Colby, who knew the brothers through a prison program, also testified they were great inmates, calling them “peacemakers” in prison. Anare Brown, who met the brothers while he was in prison, said they have remorse and insight, and have helped “dozens” of people they were imprisoned with.Another factor Hochman cited in opposing resentencing is the recent finding the brothers would pose a “moderate” risk of violence if released. That came in a pair of comprehensive risk assessments conducted by the state parole board.Both brothers had committed cell phone violations while in prison, he said – Lyle in November 2024 and Erik in January 2025.Prosecutor Habib Balian asked Baralt on Tuesday about the cell phones, and she acknowledged some of her conversations with Lyle had taken place on an illegal burner phone he had in prison.Efforts toward releaseUnlike a new trial, which would focus on the facts of the case, resentencing allowed the judge to consider a variety of factors, including the brothers’ rehabilitative efforts.The brothers have founded a long list of prison programs, with Erik starting at least five, including a support group for disabled and elderly inmates. Lyle founded a massive beautification program, raising more than $250,000 to install greenery to help prison life to resemble the outside world.Besides authority to change parole board decisions, Newsom also has the power to commute the brothers’ sentences, which would immediately free them – but he has so far refrained from doing so. The “comprehensive risk assessments” the judge requested ahead of the resentencing hearing were commissioned by the state’s Board of Parole after Newsom asked them to investigate whether the brothers would pose an “unreasonable risk” to the public if released.Attorneys for the Menendez brothers are also pursuing a new trial, formally known as a habeas corpus petition. Attorneys claim to have new evidence against the brothers’ father, including a 1988 letter from Erik Menendez to a relative referencing the alleged abuse.

    LOS ANGELES —

    A judge resentenced Erik and Lyle Menendez to 50 years to life in prison for the 1989 murders of their parents, ruling Tuesday the brothers will be eligible for parole. The brothers have been serving life without parole for the killings.

    The stunning decision came at the end of the first day of what was scheduled to be a two-day hearing about resentencing for the brothers, who were convicted of first-degree murder for the killings in the living room of the family’s Beverly Hills home.

    Judge Michael Jesic said during the resentencing that a horrific crime was committed, but he was equally shocked by the letters from prison and corrections officers, saying it’s remarkable what the brothers have done.

    While they are immediately eligible for parole, Jesic said he is not suggesting they should be released, but “one day they should get that chance.”

    The state parole board and governor must still decide whether to grant parole. A hearing with the board is already scheduled for June 13 as part of a separate bid by the brothers.

    They’re also seeking clemency from the governor, which could allow for their immediate release, and they have filed a habeas petition for a new trial.

    “It’s now up to the parole board and the governor of California,” Jesic said. CNN has reached out to the governor’s office and the state parole board for comment on the ruling.

    The parole board could either deny their request or recommend to the governor that they be granted parole. If the board recommends parole be granted, the decision will go to Gov. Gavin Newsom.

    In California, the governor has “executive authority to affirm, reverse, or modify any Board decision to grant or deny parole to a convicted murderer,” according to the California Department of Corrections and Rehabilitation. He’ll have 120 days to do that.

    In 2022, Newsom used that authority to deny parole for Sirhan Sirhan, the man convicted of assassinating Sen. Robert F. Kennedy, after the board recommended Sirhan for parole.

    Last fall, former Los Angeles County District Attorney George Gascón recommended resentencing for the brothers, but his successor, Nathan Hochman, has fought against it.

    “The decision to resentence Erik and Lyle Menendez was a monumental one that has significant implications for the families involved, the community, and the principles of justice,” Hochman said in a statement Tuesday evening. “Our office’s motions to withdraw the resentencing motion filed by the previous administration ensured that the Court was presented with all the facts before making such a consequential decision.”

    The hearing moved much more quickly than expected. Jesic had given no indication about when or in what form he would rule, acknowledging the complicated nature of the case in which the family members are victims who also support the defense. It was even thought a decision wouldn’t come before the end of proceedings Wednesday, he said.

    Brothers take ‘full responsibility’ for the murders

    The high-stakes hearing began Tuesday with arguments about whether Erik and Lyle Menendez should be resentenced in the first place.

    The brothers appeared remotely from prison before the judge made the decision, and both took “full responsibility” for the murders.

    “I committed an atrocious act against two people who had every right to live, my mom and dad,” Erik said, adding that he “created a crushing sadness” for his family and there was “no excuse” for his behavior.

    “I will never stop trying to make a difference whether I am inside or outside of prison,” he said.

    Lyle also admitted to killing his parents, saying he “was immature” and “filled with rage.”

    “Had I trusted others to help me, I wouldn’t have committed these crimes,” he said. “I didn’t think anyone would believe me about my sexual abuse.”

    If he was let out of prison, he would “continue to serve sexual abuse victims,” he said.

    After court, defense attorney Mark Geragos said, “I just know that on a day like today, that redemption is possible.”

    “The fact is, the Menendez brothers have done remarkable work, and today is a great day after 35 years,” he said. “They are a real family, real people who have lived through unimaginable horrors, and I’m hopeful and glad that we’re one, one huge step closer to bringing the boys home.”

    The brothers were hoping the judge would reduce that sentence to life with parole; Geragos said earlier Tuesday he hoped the judge would go even further and reduce the charge to voluntary manslaughter, with a sentence of time served.

    Family members and close supporters testify

    Family members who have long supported the brothers were in court Tuesday, with several taking the stand to plead for the brothers’ release.

    “We just want this to end,” cousin Anamaria Baralt testified.

    Relatives say the brothers have demonstrated remorse and rehabilitation, and that the severity of the sentence should be revisited because of an evolving understanding of childhood sexual abuse. The brothers have maintained they carried out the murders in self-defense after years of abuse by their father, and continued to say that Tuesday.

    Diane Hernandez, another cousin who testified Tuesday, lived with the Menendez family in their Beverly Hills home and viewed herself as an older sister to the boys. On the stand, she described how Jose Menendez intimidated and terrorized the house, and testified about his “hallway rule” that when he was with the brothers, no one else could be.

    “Please be merciful,” Hernandez told the judge. The brothers, she said, “are remarkable human beings at this point.”

    Hochman, the current Los Angeles County district attorney, had said he was not opposed to resentencing, but doesn’t feel it’s justified yet. The brothers, he says, have “fabricated” their claims of abuse and self-defense and must admit it first.

    “The Menendezes have had numerous chances to come clean with all their actions and if and when they do, they’ll be ready for resentencing,” Hochman told CNN earlier Tuesday.

    Prosecutors pressed family members on whether they were aware of the brothers having lied to them over the years.

    “Were you aware the brothers lied to the family, to law enforcement and to the media?” Seth Carmack asked Tamara Goodell, another cousin. She said she was, but that the brothers never spoke about it to her one way or another and they talk about the murders with her only to say sorry.

    Baralt was also asked whether the brothers had ever admitted to lying and trying to manipulate the case. She said Lyle had recently admitted asking a girlfriend to lie about his father’s abuse.

    Retired Judge Jonathan Colby, who knew the brothers through a prison program, also testified they were great inmates, calling them “peacemakers” in prison. Anare Brown, who met the brothers while he was in prison, said they have remorse and insight, and have helped “dozens” of people they were imprisoned with.

    Another factor Hochman cited in opposing resentencing is the recent finding the brothers would pose a “moderate” risk of violence if released. That came in a pair of comprehensive risk assessments conducted by the state parole board.

    Both brothers had committed cell phone violations while in prison, he said – Lyle in November 2024 and Erik in January 2025.

    Prosecutor Habib Balian asked Baralt on Tuesday about the cell phones, and she acknowledged some of her conversations with Lyle had taken place on an illegal burner phone he had in prison.

    Efforts toward release

    Unlike a new trial, which would focus on the facts of the case, resentencing allowed the judge to consider a variety of factors, including the brothers’ rehabilitative efforts.

    The brothers have founded a long list of prison programs, with Erik starting at least five, including a support group for disabled and elderly inmates. Lyle founded a massive beautification program, raising more than $250,000 to install greenery to help prison life to resemble the outside world.

    Besides authority to change parole board decisions, Newsom also has the power to commute the brothers’ sentences, which would immediately free them – but he has so far refrained from doing so. The “comprehensive risk assessments” the judge requested ahead of the resentencing hearing were commissioned by the state’s Board of Parole after Newsom asked them to investigate whether the brothers would pose an “unreasonable risk” to the public if released.

    Attorneys for the Menendez brothers are also pursuing a new trial, formally known as a habeas corpus petition. Attorneys claim to have new evidence against the brothers’ father, including a 1988 letter from Erik Menendez to a relative referencing the alleged abuse.

    Source link

  • Board denies parole for Erik Menendez despite reduced sentence for his parents’ 1989 murders

    Erik Menendez was denied parole Thursday after serving decades in prison for murdering his parents with his older brother in 1989.A panel of California commissioners denied Menendez parole for three years, after which he will be eligible again, in a case that continues to fascinate the public. A parole hearing for his brother Lyle Menendez, who is being held at the same prison in San Diego, is scheduled for Friday morning.The two commissioners determined that Menendez should not be freed after an all-day hearing during which they questioned him about why he committed the crime and violated prison rules.The brothers became eligible for parole after a judge reduced their sentences in May from life without parole to 50 years to life.The parole hearings marked the closest they’ve been to winning freedom from prison since their convictions almost 30 years ago for murdering their parents.The brothers were sentenced to life in prison in 1996 for fatally shooting their father, Jose Menendez, and mother, Kitty Menendez, in their Beverly Hills mansion in 1989. While defense attorneys argued that the brothers acted out of self-defense after years of sexual abuse by their father, prosecutors said the brothers sought a multimillion-dollar inheritance.A judge reduced their sentences in May, and they became immediately eligible for parole.Erik Menendez made his case to two parole commissioners, offering his most detailed account in years of how he was raised, why he made the choices he did, and how he transformed in prison. He noted the hearing fell almost exactly 36 years after he killed his parents — on Aug. 20, 1989.”Today is August 21st. Today is the day that all of my victims learned my parents were dead. So today is the anniversary of their trauma journey,” he said, referring to his family members.The state corrections department chose a single reporter to watch the videoconference and share details with the rest of the press.Erik Menendez’s prison recordMenendez, gray-haired and spectacled, sat in front of a computer screen wearing a blue T-shirt over a white long-sleeve shirt in a photo shared by officials.The panel of commissioners scrutinized every rules violation and fight on his lengthy prison record, including allegations that he worked with a prison gang, bought drugs, used cellphones and helped with a tax scam.He told commissioners that since he had no hope of ever getting out then, he prioritized protecting himself over following the rules. Then last fall, LA prosecutors asked a judge to resentence him and his brother — opening the door to parole.”In November of 2024, now the consequences mattered,” Menendez said. “Now the consequences meant I was destroying my life.”A particular sticking point for the commissioners was his use of cellphones.”What I got in terms of the phone and my connection with the outside world was far greater than the consequences of me getting caught with the phone,” Menendez said.The board also brought up his earliest encounters with the law, when he committed two burglaries in high school.”I was not raised with a moral foundation,” he said. “I was raised to lie, to cheat, to steal in the sense, an abstract way.”The panel asked about details like why he used a fake ID to purchase the guns he and Lyle Menendez used to kill their parents, who acted first and why they killed their mother if their father was the main abuser.Commissioner Robert Barton asked: “You do see that there were other choices at that point?””When I look back at the person I was then and what I believed about the world and my parents, running away was inconceivable,” Menendez said. “Running away meant death.”His transformation behind barsErik Menendez’s parole attorney, Heidi Rummel, emphasized 2013 as the turning point for her client.”He found his faith. He became accountable to his higher power. He found sobriety and made a promise to his mother on her birthday,” Rummel said. “Has he been perfect since 2013? No. But he has been remarkable.”Commissioner Rachel Stern also applauded him for starting a group to take care of older and disabled inmates.Since the brothers reunited, they have been “serious accountability partners” for each other. At the same time, he said he’s become better at setting boundaries with Lyle Menendez, and they tend to do different programming.More than a dozen of their relatives, who have advocated for the brothers’ release for months, delivered emotional statements at Thursday’s hearing via videoconference.”Seeing my crimes through my family’s eyes has been a huge part of my evolution and my growth,” Menendez said. “Just seeing the pain and the suffering. Understanding the magnitude of what I’ve done, the generational impact.”His aunt Teresita Menendez-Baralt, who is Jose Menendez’s sister, said she has fully forgiven him. She noted that she is dying from Stage 4 cancer and wishes to welcome him into her home.”Erik carries himself with kindness, integrity and strength that comes from patience and grace,” she said.One relative promised to the parole board that she would house him in Colorado, where he can spend time with his family and enjoying nature.The board brushed off prosecutor’s questionsLA County District Attorney Nathan Hochman said ahead of the parole hearings that he opposes parole for the brothers because of their lack of insight, comparing them to Sirhan Sirhan, who assassinated presidential candidate Robert F. Kennedy in 1968. Democratic Gov. Gavin Newsom denied him parole in January 2022 because of his “deficient insight.”During the hearing, LA prosecutor Habib Balian asked Menendez about his and his brothers’ attempts to ask witnesses to lie in court on their behalf, and if the brothers staged the killings as a mafia hit. Commissioners largely dismissed the questions, saying they were not retrying the case.In closing statements, Balian questioned whether Menendez was “truly reformed” or saying what commissioners wanted to hear.”When one continues to diminish their responsibility for a crime and continues to make the same false excuses that they’ve made for 30-plus years, one is still that same dangerous person that they were when they shotgunned their parents,” Balian said.What happens nextLyle Menendez is set to appear over videoconference Friday for his parole hearing from the same prison in San Diego.The case has captured the attention of true crime enthusiasts for decades and spawned documentaries, television specials and dramatizations. The Netflix drama ” Monsters: The Lyle and Erik Menendez Story ” and a documentary released in 2024 have been credited for bringing new attention to the brothers.Greater recognition of the brothers as victims of sexual abuse has also helped mobilize support for their release. Some supporters have flown to Los Angeles to hold rallies and attend court hearings.

    LOS ANGELES —

    Erik Menendez was denied parole Thursday after serving decades in prison for murdering his parents with his older brother in 1989.

    A panel of California commissioners denied Menendez parole for three years, after which he will be eligible again, in a case that continues to fascinate the public. A parole hearing for his brother Lyle Menendez, who is being held at the same prison in San Diego, is scheduled for Friday morning.

    The two commissioners determined that Menendez should not be freed after an all-day hearing during which they questioned him about why he committed the crime and violated prison rules.

    The brothers became eligible for parole after a judge reduced their sentences in May from life without parole to 50 years to life.

    The parole hearings marked the closest they’ve been to winning freedom from prison since their convictions almost 30 years ago for murdering their parents.

    The brothers were sentenced to life in prison in 1996 for fatally shooting their father, Jose Menendez, and mother, Kitty Menendez, in their Beverly Hills mansion in 1989. While defense attorneys argued that the brothers acted out of self-defense after years of sexual abuse by their father, prosecutors said the brothers sought a multimillion-dollar inheritance.

    A judge reduced their sentences in May, and they became immediately eligible for parole.

    Erik Menendez made his case to two parole commissioners, offering his most detailed account in years of how he was raised, why he made the choices he did, and how he transformed in prison. He noted the hearing fell almost exactly 36 years after he killed his parents — on Aug. 20, 1989.

    “Today is August 21st. Today is the day that all of my victims learned my parents were dead. So today is the anniversary of their trauma journey,” he said, referring to his family members.

    The state corrections department chose a single reporter to watch the videoconference and share details with the rest of the press.

    Erik Menendez’s prison record

    Menendez, gray-haired and spectacled, sat in front of a computer screen wearing a blue T-shirt over a white long-sleeve shirt in a photo shared by officials.

    The panel of commissioners scrutinized every rules violation and fight on his lengthy prison record, including allegations that he worked with a prison gang, bought drugs, used cellphones and helped with a tax scam.

    He told commissioners that since he had no hope of ever getting out then, he prioritized protecting himself over following the rules. Then last fall, LA prosecutors asked a judge to resentence him and his brother — opening the door to parole.

    “In November of 2024, now the consequences mattered,” Menendez said. “Now the consequences meant I was destroying my life.”

    A particular sticking point for the commissioners was his use of cellphones.

    “What I got in terms of the phone and my connection with the outside world was far greater than the consequences of me getting caught with the phone,” Menendez said.

    The board also brought up his earliest encounters with the law, when he committed two burglaries in high school.

    “I was not raised with a moral foundation,” he said. “I was raised to lie, to cheat, to steal in the sense, an abstract way.”

    The panel asked about details like why he used a fake ID to purchase the guns he and Lyle Menendez used to kill their parents, who acted first and why they killed their mother if their father was the main abuser.

    Commissioner Robert Barton asked: “You do see that there were other choices at that point?”

    “When I look back at the person I was then and what I believed about the world and my parents, running away was inconceivable,” Menendez said. “Running away meant death.”

    His transformation behind bars

    Erik Menendez’s parole attorney, Heidi Rummel, emphasized 2013 as the turning point for her client.

    “He found his faith. He became accountable to his higher power. He found sobriety and made a promise to his mother on her birthday,” Rummel said. “Has he been perfect since 2013? No. But he has been remarkable.”

    Commissioner Rachel Stern also applauded him for starting a group to take care of older and disabled inmates.

    Since the brothers reunited, they have been “serious accountability partners” for each other. At the same time, he said he’s become better at setting boundaries with Lyle Menendez, and they tend to do different programming.

    More than a dozen of their relatives, who have advocated for the brothers’ release for months, delivered emotional statements at Thursday’s hearing via videoconference.

    “Seeing my crimes through my family’s eyes has been a huge part of my evolution and my growth,” Menendez said. “Just seeing the pain and the suffering. Understanding the magnitude of what I’ve done, the generational impact.”

    His aunt Teresita Menendez-Baralt, who is Jose Menendez’s sister, said she has fully forgiven him. She noted that she is dying from Stage 4 cancer and wishes to welcome him into her home.

    “Erik carries himself with kindness, integrity and strength that comes from patience and grace,” she said.

    One relative promised to the parole board that she would house him in Colorado, where he can spend time with his family and enjoying nature.

    The board brushed off prosecutor’s questions

    LA County District Attorney Nathan Hochman said ahead of the parole hearings that he opposes parole for the brothers because of their lack of insight, comparing them to Sirhan Sirhan, who assassinated presidential candidate Robert F. Kennedy in 1968. Democratic Gov. Gavin Newsom denied him parole in January 2022 because of his “deficient insight.”

    During the hearing, LA prosecutor Habib Balian asked Menendez about his and his brothers’ attempts to ask witnesses to lie in court on their behalf, and if the brothers staged the killings as a mafia hit. Commissioners largely dismissed the questions, saying they were not retrying the case.

    In closing statements, Balian questioned whether Menendez was “truly reformed” or saying what commissioners wanted to hear.

    “When one continues to diminish their responsibility for a crime and continues to make the same false excuses that they’ve made for 30-plus years, one is still that same dangerous person that they were when they shotgunned their parents,” Balian said.

    What happens next

    Lyle Menendez is set to appear over videoconference Friday for his parole hearing from the same prison in San Diego.

    The case has captured the attention of true crime enthusiasts for decades and spawned documentaries, television specials and dramatizations. The Netflix drama ” Monsters: The Lyle and Erik Menendez Story ” and a documentary released in 2024 have been credited for bringing new attention to the brothers.

    Greater recognition of the brothers as victims of sexual abuse has also helped mobilize support for their release. Some supporters have flown to Los Angeles to hold rallies and attend court hearings.

    Source link