The Menendez Brothers Are Seeking Clemency — Here's What That Means
The Menendez brothers' path to freedom has hit another bump in the road.
Published Oct. 31 2024, 4:38 p.m. ET
When it comes to the Menendez brothers getting their freedom, it's a delicate dance. In October 2024 Los Angeles County Dist. Atty. George Gascón recommended Erik and Lyle Menendez for resentencing. Their case was then moved to Van Nuys, which is the very same court they were convicted in. Los Angeles County Superior Court Judge Michael Jesic has scheduled a hearing for Dec. 11, 2024.
Mark Geragos, the lawyer representing the Menendez brothers, also has a hearing regarding their habeas corpus filing, which is scheduled for November 25. At that hearing, Geragos plans on asking the judge to "sentence them for manslaughter, a move that could trigger an immediate release," per the Los Angeles Times. There is also one more option on the table, and that's clemency. Let's get into what that means.
The Menendez brothers are seeking clemency. What does that mean?
The legal definition of clemency, as defined by Cornell Law School is the "power of the President of the United States or a state governor to pardon a criminal or to commute a sentence. The term itself means 'leniency' or 'mercy.'" Geragos is pushing for clemency because, by the time Dec. 11 rolls around, Gascón may no longer be the district attorney.
The November elections could see Gascón getting ousted by his opponent, former federal prosecutor Nathan Hochman, who is leading by about 30 points. If Hochman wins, he could withdraw Gascón's recommendation. To his credit, Hochman has said he will thoroughly go through the Menendez brothers' files, which include thousands of pages of prison records as well as transcripts from both trials. He would also speak with lawyers on both sides, before making a decision.
In light of this, Gascón has thrown his full support behind the Menendez brothers getting clemency. "They have respectively served 34 years and have continued their educations and worked to create new programs to support the rehabilitation of fellow inmates," he explained. Geragos sent the request to California Governor Gavin Newsom on Oct. 28. This is the time of year Governor Newsom reviews clemency requests but his office couldn't comment directly about the Menendez brothers'.
In related news, Governor Newsom met with Ryan Murphy's team nine months ahead of the release of Monsters: The Lyle and Erik Menendez Story. During that meeting, Newsom was told, "Watch and see what happens after this series is released, because it’s going to generate a lot more conversation around whether these guys should be released or resentenced." It turns out, they were correct.