District of Los Angeles County. Atty. George Gascón’s blockbuster announcement that he would seek to convict Erik and Lyle Menendez for the brutal murders of their parents marked the first time the brothers had any hope of getting out of prison since their convictions nearly 30 years ago. years.
It is also simply the first step in a long process.
Although Thursday’s announcement drew praise from the brothers’ famous supporters and relatives — and condemnation from critics who believe Gascón is staging an October surprise to boost his re-election bid — the brothers’ hopes for release still depend decisions from a series of arbiters: a Los Angeles County judge, the state parole board, Gov. Gavin Newsom and the potential inauguration of a new district attorney in December.
The brothers were convicted in 1996 of special circumstance murder in the brutal gun killings of their parents, Jose and Kitty Menendez, inside their Beverly Hills home. The only penalties for this crime under California law are the death penalty or life in prison without the possibility of parole. But on Thursday, Gascón said he would seek to have them convicted of a simple murder charge, which would make them eligible for parole because the killings were committed when the brothers were under 26 years old.
In a 57-page motion made public Thursday evening, Gascón prosecutors argued that the brothers no longer posed a threat to public safety and should be released given their exemplary behavior while in custody.
Both brothers married and earned college degrees in prison, according to the motion, and started programs benefiting other inmates, including meditation groups and a “green space” project. Prison staff rarely had to discipline them, with only one allegation of violence against either brother during their nearly 30 years in prison, according to the motion.
In recent months, attention to the brothers’ case has focused on a habeas petition to overturn their convictions. Attorney Mark Geragos presented new documents to support the brothers’ claims that the killings were motivated by years of sexual abuse by their father. At their trial, prosecutors claimed that Erik and Lyle killed their parents in order to gain early access to their inheritance.
But legal experts say the brothers may have a more direct path to freedom through resentment.
“Assuming they followed the rules, were detained that long and only committed minor violations, that would fit the profile of someone who qualifies for resentencing,” he said. said Laurie Levenson, professor at New York University. Loyola Law School in Los Angeles and former federal prosecutor.
Veteran Los Angeles County Superior Court Judge William Ryan will review the case later this year. He could immediately grant the request, but it is more likely that he would hold a hearing where many of the family’s relatives could speak, as well as prosecutors opposed to Gascón’s decision.
Gascón acknowledged Thursday that there was no “universal agreement” on the case within his office, with some prosecutors opposed to the idea that the brothers should be re-sentenced. Another faction within the office had pushed Gascón to seek to induce the brothers into involuntary manslaughter, which would have made them eligible for immediate release if Ryan had granted the request, according to two sources with direct knowledge of the thinking. of Gascon.
The sources requested anonymity to discuss the matter candidly. Experts said the move could have been a bridge too far for Ryan and backfired.
“Gascón’s decision was probably the safest path he could have chosen,” Levenson said.
If Ryan grants the request, the state parole board will then intervene. Kathy Cady, a former prosecutor turned victims’ rights attorney who represents Kitty Menendez’s older brother, said the parole board tends to approve releases if an inmate’s criminal record is as clean as possible. what is described in the motion.
As of Oct. 23, the board had granted parole in about 31 percent of the cases it heard this year in which it issued a decision, according to data from the California Department of Corrections and Rehabilitation.
Even then, Newsom could reject the parole board’s findings. Under California law, the governor can block the board’s decision to grant parole if he finds evidence that releasing the brothers poses an “unreasonable risk to the public.”
Newsom has blocked the release of a number of high-profile defendants in California’s prison system, including Sirhan Sirhan, the convicted assassin of Robert F. Kennedy’s killing in Los Angeles. He also blocked the release of Leslie Van Houten, a Charles Manson follower, three times before overruling an appeals court ruling last year.
A spokesperson for Newsom referred questions about the Menendez brothers to the Department of Corrections.
Attorney Nancy Tetreault, who represented Van Houten, said she believed Newsom would block the brothers’ release because of the intense media attention to the case. That, she said, would trigger a lengthy court battle.
“When you have a high-profile client, you can expect to have multiple parole hearings, because in my experience the governor will likely revoke the release,” she said. “When this happens, you have to go to [the] Court of Appeal and show why the governor is wrong.
Gascón’s decision could also be overturned if he is no longer in office by the time the process plays out in court. Some polls give Gascón’s challenger in the November election, former federal prosecutor Nathan Hochman, a 30-point lead among likely voters. Hochman has not taken a public position on the Menendez case, but has said he intends to review the decision if he moves Gascón.
“In this particular case, I would analyze the thousands of pages of confidential prison files, trial transcripts and voluminous exhibits, and I would also speak to prosecutors, law enforcement, defense attorneys, to experts and family members of the victims. » he said in a statement. “Only then would I be able to properly assess whether the request for resentencing is correct.”
Levenson said it was unlikely Hochman would be able to intercede, however, if Ryan grants the request for resentencing before Gascón leaves office.
Times Staff Writer Salvador Hernández contributed to this report.
