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Menéndez Brothers: what George Gascon’s electoral defeat means for a new sentence
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Menéndez Brothers: what George Gascon’s electoral defeat means for a new sentence

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Outgoing Los Angeles County District Attorney George Gascon lobbied hard for the menendez brothers a new sentence in the last days of his failed re-election campaign.

Nathan Hochman, the former federal prosecutor who will take his place after a 25-point victory, could now become a key player in his quest for freedom.

“Before I can make a decision on the Menendez brothers’ case, I will have to fully familiarize myself with the relevant facts, the evidence and the law,” the district attorney-elect told Fox News Digital.

“I will have to review each brother’s confidential prison records, the transcripts of both trials and speak with prosecutors, authorities, defense attorneys and victims’ families. Only then will I be able to make a decision. If for some reason Yes “I need additional time, I will ask the court for that time.”

KEY ACTORS IN THE RESENTENCE OF THE MENÉNDEZ BROTHERS WHO COULD FREE THE KILLERS THROUGH THANKSGIVING

Erik with gray hair and Lyle Menendez, bald, in their most recent mugshots

Lyle Menendez, left, and his brother Erik, pictured in their most recent CDCR mugshots, taken on October 10, 2024. (California Department of Corrections and Rehabilitation)

The hearing will be Dec. 11 and the new district attorney will take office Dec. 2, he said.

His campaign has not committed to freeing the Menéndez brothers or keeping them imprisoned.

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Joseph Menendez, who uses his middle name Lyle, and his younger brother Erik Menendez have been in California prisons since 1996, serving life sentences without the possibility of parole for their murders of parents in 1989.

Menéndez family photo from the 1980s.

An undated photo of the Menendez family as they appear on screen during a panel at CrimeCon 2024 in Nashville, Tennessee, on Sunday, June 2. Brothers Lyle and Erik were convicted of fatally shooting their parents in 1989. (Michael Ruiz/Fox News Digital)

The brothers claim they shot their father, former RCA Records executive José Menéndez, in self-defense, arguing they thought he was going to kill them after they warned him they planned to expose him as a child sex abuser.

They also killed his mother, Mary “Kitty” Menendez, who was sitting next to José eating ice cream in their Beverly Hills living room when they opened fire.

Hochman could pick up where Gascon left off and ask for a resentencing, ask the judge to withdraw the previous administration’s resentencing request or file additional briefs to give the judge more material to work with as the court considers the matter.

PROSECUTOR HERMANOS MENÉNDEZ ANNOUNCES RESENTENCE OF NEW SENTENCE

Nathan Hochman

Nathan Hochman, who has been elected the next Los Angeles County district attorney, speaks during a news conference in Los Angeles, Monday, Sept. 30, 2024. (AP Photo/Damian Dovarganes, File)

WATCH ON FOX NATION: MENÉNDEZ BROTHERS: VICTIMS OR VILLAINS?

“As a candidate, Nathan has been clear that he will approach each case with the diligence and integrity that every victim and defendant deserves,” campaign spokesman Stuart Pfeifer told Fox News Digital. “That includes carefully reviewing the facts and the law before making any conclusions.”

Without being in office, Hochman does not have access to all of the case files.

Los Angeles County District Attorney George Gascon

Los Angeles County District Attorney George Gascon addresses the media during a press conference regarding developments in the case of brothers Erik and Lyle Menendez, Thursday, Oct. 24, 2024, in Los Angeles. (AP Photo/Eric Thayer)

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“Nathan understands how important this case is to many Angelenos and, as district attorney, he will absolutely give it the attention it deserves and ensure that justice and fairness is served,” Pfeifer said.

CHRONOLOGY OF THE MENÉNDEZ BROTHERS MURDER CASE

Under a new California law that gives the state’s district attorneys the power to recommend new sentences in old, settled cases, Gascon urged a Los Angeles judge just days before the election to consider reducing sentences of life in prison without possibility of parole for the brothers. 50 years to life in prison.

Case of the Menéndez brothers of California

Lyle, left, and Erik Menendez sit with defense attorney Leslie Abramson, right, in Beverly Hills Municipal Court during a hearing on Nov. 26, 1990. (AP Photo/Nick Ut)

Because of other California laws, the reduction would make them immediately eligible for parole hearings, even though they would need to spend another 20 years behind bars to reach 50 for the shotgun murders of their parents.

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Gascon, after explaining to reporters that the process would go through multiple levels of review, from the judge to the parole board and, ultimately, to Governor Gavin Newsom, Days later he asked the governor to skip all those steps and immediately grant pardon to the brothers.

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Whatever happens, Newsom has the final say on the parole board and his clemency request.

A separate habeas corpus petition is also pending before the court, which would be an additional path to freedom if successful.