Los Angeles – Once the fate of the Menendez brothers is suspended for another month, legal analysts and trial lawyers say the fact that their freedom is even debate is thanks to the new law signed by Gov. Gavin Newsom.
California-based lawyer Roger Bonakdahl shared with Fox News Digital that Byrds and Lyle Menendez were given new hope to leave the prison behind thanks to the passage of former Los Angeles County George Gascon and AB 600.
The law, according to the text of the law, allows individuals to be levied under the sentence imposed when the more stringent and less flexible law was in effect.
“What’s happening is that the previous DA Gascon, whose particular policies and practices enacted in LA, have had many credit to the explosion of violent crime and theft in LA, and filed a motion with the court to be re-advertised to the Menendez brothers,” explained Bonakdahl.
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Lyle and Eric Menendez on the left are sitting with defense attorney Leslie Abramson at Beverly Hills City Court on November 26, 1990, during a hearing. (AP Photo/Nick UT)
Bonakdal said Gascon’s claim was that the Menendez brothers “no longer pose a threat to the community, they paid debts to society.”
“Gascon also appears to have pointed out their defenses that were not tried, and allegedly sexual abuse at the hands of their now murdered father. So what’s going on now is that the current DA has asked them to either withdraw Gascon’s move or retrieve Gascon’s allegations, as they don’t believe Menendez’s brother is worth reconsidering or that it is before the court.
Bonakdar said what makes the hearing even more interesting is the “very broad” authority of judges, which “can allow them to be reinfiltrated based on crimes they have not been convicted of.”
“Judges can even declare them according to what is called lesser offences, which means that the conduct is a crime that has been tried or otherwise included.
Menendez’s brothers and their supporters say they were unfairly convicted of being taken prisoner in 1996 for killing two parents, Jose and Kitty Menendez. Beverly Hills Home in 1989.
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Lyle and Eric Menendez are considered young men with mugshot overlaid. The brothers are now sentenced to life in prison in 1996 for the murder of their parents Jose and Mary Louise “Kitty” Menendez. (Ronald L. Soble/Los Angeles Times via Getty Images)
Their first trial ended with cheating when the ju judges failed to agree with their fate. After the second trial in the mid-1990s Suspicion of sexual abuse Excluded, the ju judge agreed to the prosecutor that their motive was greedy.
If a judge decides to resent Menendez’s brothers, it will then be up to the state’s parole board to consider their release.
They were under 26 years old at the time of the murder, so if they sentenced a new 50-year sentence under current California law, they would be immediately subject to a parole hearing.
“If this is completely on their path, they could be parole and released. Their sentence could be to commute,” Bonakdahl said. “And the reason is that there have been certain changes in California law. Certain offenders are permitted. For example, if you are under the age of 26 at the time of the Commission, or if you have certain other mitigation situations, you are eligible to apply to the court for relief, and if you are convicted of seeking recognition under these compassionate release rules, certain offenders will be permitted.
Bonakdar added that what is unique here is that Gascon submitted relief positively, and that the judge refused any attempt to pull back the current Da Nathan Hochman Gascon’s move.
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“This is very important because under the new law, this is very important so that the government moving for release will actually benefit the prisoners who are defendants, which means that it starts with the presumption that those seeking reductions in sentences are required to either be eligible or that they require them to request that they request ho. That first move,” Bonacadard said.
And what distinguishes this whole hearing from the saga from others is that the Menendez brothers “are definitely lifting their legs more than your average criminal defendant,” Bonakdahl said.
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Deputy District Attorney Habib Varian will address the court on Friday, April 11, 2025, in front of a photograph of the Menendez family on display on screens at Van Nuiss, California. (Bill Robles)
“First of all, they had the resources to get into this. They hired top flight lawyers. They threw everything into the kitchen sink at this trial,” Bonak Dahl said of their trial in the 90s. “They kept their distance and testified in criminal trials, so it’s not surprising that defendants who have that level of resources and put that level of effort might now be seeking relief.”
Bonakdar said the biggest thing was that Gascon filed the allegations positively.
“There is arguing that these defendants may otherwise have sought leniency or filed claims based on changes to the law. The fact that former district attorney Gascon filed this positively on behalf of these defendants is truly audible to them.
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Hochmann strongly opposed the res and started moving with Gascon, but both brothers stated that they would consider it if, for the first time in more than 30 years, the entire scope of the criminal act and all the lies they spoke about it.
He said in a previous statement that the brothers “stubbornly chose to work hard at the banker of lies, deception, and denial for those over 30,” and that it would be up to the court to consider whether “the lack of acceptance of liability for murder” is sufficient to determine whether the Menendez brothers pose an unfair risk to the community.
Bonakdar, in his opinion and perspective, said before making a decision in May, “there are factors that will make it worse.”
“The planned murder is very serious and obviously due to its nature, a violent attack. It’s a serious public safety concern, especially if you have the mental ability to deal with the idea of killing your parents in cold blood,” Bonakdahl said. “The argument on the other side is that at some point you can heal the wounds and rehabilitate people, and everyone deserves red. This is an argument that will take place on behalf of the Menendez brothers.
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Menendez’s brothers, left, La da Nathan Hochmann, right. (Getty Images)
One of the disorders that retain hearing comes from a comprehensive risk assessment (CRA) report. This was a psychological test that was ordered. By Newsom’s office And defense has become the biggest hurdle to overcome.
The brother’s attorney, Mark Jelagos, filed a denial against Hochman following Judge Michael Jessick’s decision to reschedule the hearing until May. Recusal motion requires that individuals be away from the case as it prevents potential conflicts of interest or bias from working fairly.
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There was also accusations of Mercy of law protecting the victim’s family that occurred when prosecutors showed photos of the murder graphic crime scene, which led to the hospitalization of the brother’s elderly aunt, claiming that the family had never seen in 35 years.
Hochman’s office said prosecutors were not intended to “provoke pain or pain” to those attending the hearing.
“To the extent that photo depictions of this conduct have confused any of the Menendez’s families present in court, we apologise for not giving prior warnings that the conduct will be described in detail, not just through words but also through crime scene photographs,” Hochman’s Office wrote in a previous statement shared with Fox News Digital.
The judge refused to be advised that Menendez’s team had shown pictures of the crime, but asked both sides to provide warnings.
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“It’s very rare…where you’re a victim who supports the victim,” Jesic said. “When the photos came up, I didn’t even think about it.”
“It was a horrifying murder,” he continued. “If someone is uncomfortable, they might not be here.”
Lyle and Eric Menendez return to court as the decision on whether to be released on May 9 depends on the balance.
They are scheduled to appear before the parole committee on June 13th as part of a CRA report ordered by Newsom, which is considering a request for sibling generosity.
Fox News Digital has contacted Newsom’s Office for comment.
Sarah Rumpf-Whitten and Michael Ruiz of Fox News Digital contributed to this report.
Stepheny Price is a writer for Fox News Digital and Fox Business. She covers topics including missing persons, murder, national crime cases, illegal immigration and more. Story tips and ideas can be sent to stepheny.price@fox.com
