Menendez brothers clemency on hold till new DA reviews case, Newsom says

Shortly after LA County DA George Gascón announced the possible resentencing for Erik and Lyle Menendez, many thought the brothers would be home in time for the holidays, but that doesn't appear to be the case anymore. 

On Monday, California Gov. Gavin Newsom said any clemency decision is on hold until newly elected DA Nathan Hochman enters office and 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. The Governor will defer to the DA-elect’s review and analysis of the Menendez case prior to making any clemency decisions," a statement from the governor's office read. 

Since being elected, Hochman said he has to play catch up to make a decision on the case. 

"I've got to actually look at the thousands of pages of confidential prison files that I don't have access to read, thousands of pages of transcripts from months-long trials," he said. "I've got to speak to the prosecutors, law enforcement, the defense victim, family members. And only then will I be in a position to determine if the current resentencing request is just that," Hochman said on FOX 11. 

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A resentencing hearing is set for Dec. 11. Hochman will be sworn in as DA on Dec. 2. 

In October, Gascón said he recommended the brothers be resentenced. 

This came after an investigation spurred by new evidence presented to the DA's office—recently revealed allegations that their father also molested Roy Rossello, a former member of the boy band Menudo, in the 1980s, and a letter Erik Menendez wrote to his cousin, Andy Cano, which surfaced in 2015, years after Cano's death.

The Menendez brothers have appealed their convictions multiple times over the years without success. 

Their attorneys argue that because of society’s changing views on sexual abuse, that the brothers may not have been convicted of first-degree murder and sentenced to life without parole today.

Menendez Brothers