Although Los Angeles District Attorney George Gascón approved the recommendation to sentence Lyle and Erik Menendez, they still face another significant obstacle: Judge William Ryan’s decision.
“[Judge] Ryan must decide whether the brothers pose an unreasonable risk to the public,” said former federal prosecutor Neama Rahmani. News week. “If they do, then he can reject the request.”
Gascón announced his intention to recommend that the Menendez brothers’ life sentences without the possibility of parole be replaced with a sentence of 50 years to life for murder. He said that because of their ages at the time of the crimes, they would be immediately eligible for parole.
“The reason they can get out in just 35 years is under California law, they were under 26 at the time of the murders,” Rahmani said. “They are considered young offenders, and young offenders are eligible for parole after 25 years. That’s why they are immediately eligible for parole.”
Frederick M. Brown/AP Photo
A district attorney’s recommendation is an essential aspect of the criminal justice process because it provides guidance on how specific cases should be handled. This can encompass various elements, including sentencing proposals, plea agreements, and charges to be filed against a suspect.
In terms of sentencing, a district attorney may suggest specific prison terms or conditions, such as eligibility for parole. They also play a role in plea bargaining, in which a defendant pleads guilty to a lesser charge in exchange for a reduced sentence.
The brothers’ fate now rests in the hands of Ryan, who can choose to uphold, reject or modify the recommendation for resentencing.
Rahmani explained the steps following the recommendation for re-sentencing to News weekdetailing how Ryan is likely to proceed.
“An amendment is probably less likely under the circumstances. It would be more likely that Ryan would amend it if Gascón recommended prison time rather than indictment, which is what ended up happening.”
Kevork Djansezian/AP Photo
If he accepts the recommendation, the key question is whether the parole board will grant parole to the brothers. The former prosecutor said the board currently approves just over 30 percent of parole requests, but he wouldn’t be surprised if the board recommended release.
“He’s an intermediate judge,” Rahmani said. “There’s a lot of sympathy for these brothers, and he’s been on the bench for a while. He’s really not going to mind making a tough decision.”
Nick Ut/AP Photo
News week reached out to Ryan, however, he has yet to respond.
Rahmani said that while the recommendation goes beyond Judge Ryan and the parole board, the final stop is Gov. Gavin Newsom.
“Gavin Newsom can deny the request, so they basically have three hurdles: They have to clear Judge Ryan, the parole board, and then Newsom.”
Eric Thayer/AP Photo
News week contacted Newsom, however, he has not yet responded.
Who is Judge William Ryan?
Ryan is a judge in the Superior Court of Los Angeles County, California. He was appointed judge in February 1994.
He received his bachelor’s degree from the State University of New York at Albany and later received his juris doctorate from Southwestern Law School in 1986.
Prior to his judicial career, Judge Ryan managed an auto parts store in New York and practiced law with the Los Angeles firm of Sidley Austin, focusing on business and commercial litigation.
In recent years, Judge Ryan has been involved in significant cases involving issues of innocence and sentencing. In 2022, he overturned the conviction of Maurice Hastings, who was wrongly imprisoned for 38 years.
J. Emilio Flores/AP Photo
Hastings is a man who was wrongly convicted of murder in 1983. DNA evidence identified a different suspect, leading to Hastings’ conviction being overturned. He was found “factually innocent” and his case became a notable example of the impact of DNA testing in exonerating individuals wrongly convicted of serious crimes.
Hastings has since exposed flaws in the justice system and advocated for criminal justice reform to prevent future wrongful convictions.
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