Gov. Newsom defers Menendez clemency decision, awaits District Attorney-elect’s review

Governor Gavin Newsom announced Monday that he will defer his decision on the Menedez brothers’ clemency until the newly elected District Attorney, Nathan Hochman, reviews the case.

“The Governor respects the role of the District Attorney in ensuring justice is served and recognizes that voters have entrusted District Attorney-elect Hochman to carry out this responsibility,” read Newsom’s statement. “The Governor will defer to the DA-elect’s review and analysis of the Menendez case prior to making any clemency decisions.”

The Menendez brothers submitted the clemency request to Newsom in October, which was supported by District Attorney George Gascón.

In an interview with NewsNation, the brothers’ attorney, Mark Geragos, said he wasn’t surprised with the Governor’s decision.

“The governor is going to do what the governor is going to do,” said Geragos.

While Erik and Lyle Menendez await their resentencing hearing set for Dec. 11, Geragos said he has a status hearing on Monday, Nov. 25, about the case.

“It will be interesting to see what takes place at that hearing, because George Gascón is still the DA,” Geragos told NewsNation. “And I think if you read between the lines, the governor is implying that he's going to defer to the next DA attempt to do the analysis.”

DA-elect Hochman released the following statement in regards to reviewing this case:

“Once I take office on December 3, I look forward to putting in the hard work to thoroughly review the facts and law of the Menendez case, including reviewing the confidential prison files, the transcripts of the two trials, and the voluminous exhibits as well as speaking with the prosecutors, defense attorneys and victim family members. This is the same type of rigorous analysis I have done throughout my 34 year career in criminal justice as a prosecutor and defense counsel, and the same type of thorough review that I will give to all cases regardless of media attention.”

In an interview with KTLA earlier this month, Hochman outlined his plans for navigating the case.

“Here’s my approach, whether it’s the Menendez case or quite honestly any case: you have to do the hard work,” he told KTLA. “You have to look, in that case, at thousands of pages of confidential prison files, you have to review thousands of trial transcripts from months-long trials, and you have to speak to the prosecutors, law enforcement and the defense counsel…and the victims’ families.”

“Only then can you be in a position to determine whether resentencing is the remedy in this situation or whether what is asked for in the resentencing is the appropriate request,” Hochman continued. “I’m not in that position now, but I can tell you if I do have to make that call, I will do the hard work to make the right decision.”

Hochman is scheduled to take office on Dec. 2 – before the hearing to free the brothers.

Geragos confirmed to KTLA in October that the defense team will be seeking to recall their murder conviction in the resentencing, and instead ask for the lesser charge of voluntary manslaughter.

Lyle Menendez, then 21, and Erik Menendez, then 18, admitted to fatally shooting their father, Jose Menendez, and their mother, Kitty Menendez, after fearing their parents were about to kill them to stop people from finding out that Jose Menendez had sexually abused Erik Menendez for years, according to the Associated Press.

They were convicted in 1996 without the chance for parole.

The maximum sentence for manslaughter is 11 years, so, if approved, Erik and Lyle Menendez could be eligible for parole and released from prison after spending nearly 35 years behind bars.