DA Opposes New Trial for Menendez Brothers While Newsom Orders Risk Assessment

The Menendez family’s push for freedom for Lyle and Erik Menendez continues as DA Nathan Hochman rejects a new trial for them, while Governor Gavin Newsom steps in with a possible clemency path.

Key Takeaways

Family members of the Menendez brothers are advocating for their release and are critical of the Los Angeles County district attorney’s opposition to a new trial.
California Governor Gavin Newsom has initiated a clemency process by ordering a risk assessment report on the Menendez brothers.
The Menendez brothers have been incarcerated for over 35 years for the murder of their parents in 1989.
They have three potential legal avenues for release: clemency, resentencing, or a new trial through a habeas petition.

The Opposition and Family’s Advocacy

The Menendez family expressed disappointment when Los Angeles County District Attorney Nathan Hochman opposed a new trial for Lyle and Erik Menendez. Despite allegations of parental abuse that could impact their case under modern trauma understanding, the DA’s office has questioned the credibility of new evidence. The family argues that updates in trauma knowledge should weigh in significantly on their case.

Governor Gavin Newsom, however, has stepped in, ordering a risk assessment to explore whether clemency might be appropriate for the brothers. Hochman’s refusal has not stopped the family from continuing to press for potential legal avenues for release, which include clemency, resentencing, or a new trial through a habeas petition.

Menendez brothers’ family frustrated over DA’s decision to deny killer siblings new trial: ‘Very disparaging’ https://t.co/Lvt2AYskbW pic.twitter.com/bgsjz2vIQR

— New York Post (@nypost) February 28, 2025

Resentencing and Progress in Prison

A resentencing hearing is scheduled for March 20 and 21, but Hochman has yet to recommend resentencing. The family is hopeful that the brothers’ extensive progress in prison, including earning college diplomas and leading support groups, will play a role in the final decision. Over 35 years in prison have seen significant changes in their lives that the family feels should not go unrecognized.

Despite the opposition from Hochman and the skepticism about new evidence, the Menendez family has expressed gratitude for Newsom’s decision to start the possible clemency process. The brothers’ supporters hope for consideration of their achievements and the historical context surrounding their case.

The Path Forward

The ongoing legal battle remains a source of contention, with DA Hochman’s office opposing the habeas petition and questioning the potential new evidence presented. The “abuse in this situation may have been a motivation for Erik and Lyle to do what they did, but it does not constitute self-defense,” Hochman said. It remains to be seen how the case will proceed with the resentencing hearing and the risk assessment report.