November 5, 2024 • 19 mins
In the last few weeks, a lot has happened in the case of the Menendez brothers. In this episode, we bring you the latest updates on the case and insights from their attorney, Cliff Gardner, as a new bid for their freedom takes shape.
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Speaker 1 (00:05):
Approache production.
Speaker 2 (00:10):
This is the sixth and final episode of Menendez v. Monsters.
It began as a look into the differences between what
we saw in a Netflix dramatization and what happened in
real life, but it's taken a turn in the last
few weeks. Is the brothers get closer to possibly being freed.
In this episode, we'll have another chat with Cliff Gardner,
(00:31):
their lawyer. After the news that dropped last week that
the DA in California was calling for a resentencing hearing
for the brothers.
Speaker 3 (00:40):
I came to a place where I believe they're under
the law. Resentencing is appropriate, and I am going to
recommend that to Accord tomorrow.
Speaker 2 (00:51):
One of the key reasons that the DA decided to
recommend a resentencing was the fact that the brothers had
worked hard in jail to change and rehabilitate and to
try and help others. He outlined this in his announcement
of the resentencing.
Speaker 3 (01:05):
They could have done what many other people do, which
has basically said, you know what, I'm here for the
rest of my life, so I'm going to do whatever
I'm going to misbehave. I'm going to join gangs, I'm
going to live the life of the prison. But they
never did that. To the contrary, even though they didn't
(01:26):
think that they were ever be left free. They engage
in a different journey, a journey of redemption and the
journey of rehabilitation. And often the people that begin their
journey or rehabilitation or redemption in prison is often very
internal in what they do. And one of our lawyers
(01:48):
pointed out today is usually the path that people try
to further their education, do things for self improvement, which
a brother have done, by the way, but it's more
unique or more less usual, I guess when people not
only do that, but they also begin to engage in
ways to make life for others better. And in this case,
(02:13):
the brothers have been doing so for a very long time.
Speaker 4 (02:19):
Creating.
Speaker 3 (02:21):
Groups to deal with Haru, address untreated trauma, creating groups
to deal with other inmates. They have physical disabilities and
may be treated differently. Even in one case Lyle negotiating
(02:42):
for other inmates as to the conditions that they live
under their imprisonment. And all this was done by two
young people. Now they're not as young. They had no
hopes of ever getting out of prison. They have been
(03:04):
in prison for nearly thirty five years. I believe that
they have paid their debt to society.
Speaker 2 (03:18):
In the last episode you heard us ask Cliff whether
we could reach out to Eric and Lyle. He recommended
we send a letter to Lyles's wife, Rebecca. Thanks to
Cliff's advice, we've sent that over. But given the last
few weeks, there's probably a lot more on their plate.
We did reach out to Cliff to see if he
would join us on another call. Now you can imagine
Cliff is an in demand man right now. His number
(03:42):
one priority is the case around the Menendez brothers. But
he replied and said he'd chat to us across the weekend,
and so early Sunday morning, we jumped on a call. Yay, Cliff,
how are you? Thank you first to jumping on the
call on a on a Saturday afternoon for you.
Speaker 4 (04:04):
No, no worries, It's a Sunday morning for you.
Speaker 2 (04:06):
Yeah, yeah, yeah, I've got my coffee. I'm sort of good. Okay,
Obviously this case is sort of our guess for you
has really taken a turn in the last week.
Speaker 4 (04:15):
It has taken a turn, at least as far as
press wanting comments.
Speaker 2 (04:20):
Yes, Cliff, when we spoke last time. You gave me
a bunch of options that may or may not come
to fruition, and one of them did so in the
likelihood of race engencying, is that being an option? Did
you think that was where it would land?
Speaker 4 (04:34):
No, My understanding from the DA's press conference of several
weeks ago actually was that they were seriously considering asking
for resensing, so it didn't come as a surprise.
Speaker 2 (04:44):
Were you in the room at the time. No, I
was not.
Speaker 4 (04:46):
I wasn't in the room for the press conference several
weeks ago when he said they were thinking of resentencing.
I was out of the country, And then more recent
one was just announced the night before, so I couldn't
get down to LA for it.
Speaker 2 (05:00):
It's an obvious question, but how did you How did
you feel when you heard and how do you find
out that news is a fun goal.
Speaker 4 (05:07):
First, I actually watched the press conference like everyone else.
I knew beforehand only that he was going to call
for resentencing. I didn't know what resentencing recommendation he was
going to make. And do remember that there are two
different decisions now that the trial judge or that the
superior court judge has to make. One should there be resentencing,
(05:28):
and if so, what sentence should be imposed. The DA
has requested resentencing. Obviously we were in agreement with that.
The DA has requested that the judge resentenced to two
convictions or first degree murder for each for both Eric
and for Lyle. We'll probably add for something different and
the judge will have a decision.
Speaker 2 (05:47):
How did it make you feel hearing that news?
Speaker 4 (05:51):
I was pleased and excited for my clients that he
has called for resentencing. He then filed a resentencing memo
which was fifty seven pages long. I don't know if
you've seen it, but it's an extraordinary document that details
the rehabilitation, their education, the programs they both worked on
and created, the marvelist things they've done well in custody,
(06:13):
all under a sentence of life without parole. So very
much appreciated seeing sort of be honest and candid approach.
The DA took to that process. Little disappointed that the
DA's recommendation was for two straight life terms first to
be murder terms, which because of the boys age when
the crimes were committed, will give them mediate access to
(06:34):
the parole board so they can go and ask for parole.
But we were hoping for something a little more than that.
Speaker 2 (06:41):
Am I right in saying what you're hoping for? Was
was it murder too? Or was it manslaughter?
Speaker 3 (06:47):
Or?
Speaker 4 (06:48):
Yeah? Well what in the best of all possible world.
Because of course, we've never claimed that the conduct that
the boys engaged in that night was not criminal. It
was criminal, but our view, given the sexual abuse which
the district attorney was candidate to recognize now, given the
sexual abuse that it could when they were six and
(07:09):
eight years old, respectively, and throughout their early lives, we
thought manslaughter would be the appropriate recommendation. Indeed, the child
cook will still have that option, but it doesn't appear
that the district attorney is going to be recommending that.
Speaker 3 (07:22):
I have to tell you on equivocally that we don't
have a universal agreement. There are people in the office
that strongly believe that the Menana's brothers should say in
prison the rest of their life, and they do not
believe that they were molested, And there are people in
(07:43):
the office that strongly believe that they should be released
immediately and that they were in fact molested.
Speaker 4 (07:49):
What do you tell people in your own office who say,
these two young men clearly premeditated this murder.
Speaker 3 (07:55):
We're not letting them off. Okay, First of all, I
have been very clear those were brutal murders that were premeditated,
and that's why they got life without the possibility.
Speaker 2 (08:04):
You want to recommend that they be released.
Speaker 3 (08:06):
A medium recommending that they be released because I believe
that the people that there were is not the same
people that were seeing thirty five years later.
Speaker 2 (08:15):
The day I made a point of saying in his office,
it wasn't a unanimous decision or a unanimous feeling in
his office. Does that change anything?
Speaker 4 (08:26):
No. My sense was that there were three different views
expressed in the DA's office, and in some ways that
reflects different views in society at large. There's a group
that thinks nothing's changed. Sexual assaults don't happen to little boys.
They didn't happen to Eric and Lyle, and they got
what they deserved, life without parole. There's a group that said, well,
(08:48):
wait a minute, not so sure. Maybe straight first degree murder,
give them a shot of parole, given how their rehabilitation
has been so extraordinary. And there's a group that said, yes,
sexual abuse can happen to little boys, and it did.
Happen here and manslaughter is the appropriate results. Fact, the
office had three different groups of three different views that
(09:10):
were expressed, and that's what I think mister Gascon was
referring to.
Speaker 2 (09:16):
A little bit's been talked about about. The decision was
made under the spotlight of a district attorney election, which
is happening like imminently. What are your thoughts on that.
Speaker 4 (09:25):
As a factor matter? That's right? The elections Tuesday. Whether
the election has something to do with the decision to
ask the resentencing and if so, to recommend a particular
sentence that was recommended, I don't know. I do know
that there's no long time to make the right decision,
and this is the right decision at least to ask
(09:45):
the resentencing, since there's no wrong time to do the
right thing. You know. I was glad it happened.
Speaker 5 (09:50):
Now, Yeah, not everyone believes Lyle and Eric Menendez should
be released. One of those people is Milton Anderson. But
his sister, Kitty Menendez was shot and killed by the
b in this house.
Speaker 6 (10:09):
Well, mister Anderson firmly believes that his nephews were not molested.
He believes that that is a fabrication and he believes
that the motive was pure greed.
Speaker 5 (10:20):
Attorney Kathy Katie represents Milton Anderson, the brother of Kitty Menandez.
Speaker 6 (10:27):
At the time of the trial, at least according to
the Court of Appeal opinion, one of the brothers said
that killing her was quote a mercy killing. Mister Anderson
just wants to make sure that whatever decision is made,
that it's not politically driven, that it really is done
because of the right reasons.
Speaker 2 (10:54):
The process from here, what happens now, well.
Speaker 4 (10:57):
The habeas process remains as we discussed a couple of
weeks ago. The request resents and doesn't impact that in
terms of the resentensing requests. It's been assigned to a judge.
A hearing day has been set for December eleventh. Whether
that hearing actually occurs on December eleventh, I don't know.
It's always possible that scheduling will interfere and it'll get postponed.
(11:20):
Once that hearing occurs, the judge will have the decision making.
It'll be time for the judge to make a decision
whether to resentence, then, if so, what sentence to pick.
The judge has a great deal of discretion in both
areas as to both decisions.
Speaker 2 (11:35):
Could a judge disagree with the DS you and knock
go forward.
Speaker 4 (11:41):
Yes, the judge has full authority to say, Okay, you've
sought resentencing. No, I don't think resentence is appropriate. The
judge has full authority to say, I think resentencing is appropriate,
and I'm going to give I agree with you that
we should give find the special circumstance, strike the special
circumstance which authorize the life without parole term, and just
give them straight life for each counter of murder. Or
(12:04):
the judge could say I think manslaughter is the appropriate sentence.
I'm going to strike the murder convictions. I'm going to
impose manslaughter convictions and let them out with time served.
Speaker 2 (12:15):
Cliff, do you and your team need to present to
the judge again or is that now not required?
Speaker 4 (12:22):
Is it required? No? Is it possible? Yes, and I
don't think the decision has been made as to whether
we'll in fact have a hearing at which we call witnesses,
which may very well happen, but it's too early in
the process for me to tell you one way or another.
Speaker 2 (12:36):
With all of this action at the start of November,
I wondered if Cliff thinks that there's a likelihood that
Lal and Eric could actually spend Christmas with their family
in twenty twenty four.
Speaker 4 (12:48):
Is there a chance? Sure, if everything fell off, all
the pieces fell into place the way they would want,
and the court imposed manslaughter terms, Yes, that's possible. People
can make individual judgments as to whether they think it's
likely or not, but that's it's certainly possible.
Speaker 2 (13:07):
What's the feeling within the family and the tain now
supporting them?
Speaker 4 (13:12):
Well, I think the family is enthused. Eric and Lyle
are in a better position today than they were a
month ago in the sense that now they have the
opportunity to at least seek recensing, and so that's not
something most like without parole prisoners get in California. So
are they better off than they were?
Speaker 2 (13:32):
Yes?
Speaker 4 (13:32):
Are they as good as they could have hoped for? No?
I think they're cautiously optimistic that they can see some
real relief at this point.
Speaker 2 (13:41):
Their family also hopeful.
Speaker 4 (13:43):
They have served the penance and now it's time for them.
Speaker 2 (13:47):
To come home to you, and you're at saying what
happens now? What do you have to do?
Speaker 4 (13:52):
Well, we have to prepare for resentencing hearing. There's also
been a recent request by Eric and Lyle to the
governor for commutation. So that has thrown a sort of
a third process into the works. We have the hate,
we have the resentencing, and now we have the executive
being asked for a commutation.
Speaker 2 (14:10):
Uh.
Speaker 4 (14:10):
And that's sort of a wild card. The governor has
brought discretion. The governor is and his team are reviewing
information now, and they could decide not to act, or
they could decide to do something commutation. The governor has
power to do many things. The governor is head of
the executive branch, and the DA, of course is part
of the executive branch. The governor has power to decide
(14:32):
if he thinks the appropriate sentence has been reached, and
he can commute the sentence. He has great discretion. He
could commute the sentence to a straight life, just as
exactly what the DA is seeking in the resentence, and
he could short circuit that. He could do something more,
or he could do nothing at all. He has a
lot of discretion, a lot of power in this area.
Speaker 2 (14:52):
In simple Linemanstone, is that more powerful than the judge
that's going to hear this?
Speaker 4 (14:56):
Yes, well, I mean it's not a you know, it's
not Darth Burider versus the forces of the good. He
has a great deal of power, and he can do
it without a hearing, and it's almost an unreviewable power
in most situations.
Speaker 2 (15:15):
That grant for clemency to the Governor was sent to
the Governor of California, mister Newsom from Lyle and his team.
The District attorney from California, the one that's recommended a
recendency for the brothers, also sent a letter to the
Governor supporting Lyles's clemency bid. He's an excerpt from that letter.
(15:35):
These are his words, but not his voice.
Speaker 1 (15:38):
Dear Governor Newsom, read requests to grant clemency for Lyele Melendez.
I write in strong support of Lyel Melendez's petition for clemency,
submitted to your office on October twenty eighth, twenty twenty four.
Mister Menandez is currently fifty six years old, serving his
(16:01):
thirty fourth year in prison. On August twenty, nineteen eighty nine,
at twenty one years old, mister Lyell Melendez participated with
co defendant and brother Eric Melendez in the homicide of
their parents, Kitty and Josse Melendez, as they sat on
(16:23):
the family's couch watching television.
Speaker 2 (16:26):
Ada.
Speaker 4 (16:28):
What's the problem? What's the problem? God, Joe, are they
going what?
Speaker 2 (16:37):
It's a people ro.
Speaker 4 (16:42):
When they shot brother? When I shot up? They were
shot up.
Speaker 1 (16:53):
Mister Melendez was sentenced at the age of twenty six
to life without the possibility of parole. At the time
of the offense, there were credible allegations that Lyele Menandez
was the victim of sexual and physical abuse at the
(17:14):
hands of his father, Hssein Menendez. The Los Angeles County
Probation report preparing connection to the criminal case documented the
ongoing molestation Lyle Menendez allegedly suffered at the hands of
his father until he was eight years old. During his
(17:37):
thirty four years of incarceration, mister Menendez has worked hard
to transform his life. He has participated in rehabilitation, including
earning his associate's degree in sociology from Southwestern College. Lyel
Menendez graduated from the University of California, Irving with his
(18:02):
Bachelor of Arts degree in so geology. Our office has
communicated with several family members regarding resentencing in this matter.
All family members except for mister Milton Anderson kith Di
Menandez's brother support commutation.
Speaker 6 (18:24):
Mister Anderson firmly believes that his nephews were not molested.
He believes that that is a fabrication, and he believes
that the motive was pure greed.
Speaker 1 (18:34):
Mister Menendez's current age of fifty six, his thirty four
years spending custody, and his dedication to rehabilitation make him
an exemporary candidate for clemency.
Speaker 4 (18:46):
The saga may not be over for some time. There's
a habeast process, there's a resentencing process, and there's the
commutation process, and they're all wide open right now
Approache production.
Speaker 2 (00:10):
This is the sixth and final episode of Menendez v. Monsters.
It began as a look into the differences between what
we saw in a Netflix dramatization and what happened in
real life, but it's taken a turn in the last
few weeks. Is the brothers get closer to possibly being freed.
In this episode, we'll have another chat with Cliff Gardner,
(00:31):
their lawyer. After the news that dropped last week that
the DA in California was calling for a resentencing hearing
for the brothers.
Speaker 3 (00:40):
I came to a place where I believe they're under
the law. Resentencing is appropriate, and I am going to
recommend that to Accord tomorrow.
Speaker 2 (00:51):
One of the key reasons that the DA decided to
recommend a resentencing was the fact that the brothers had
worked hard in jail to change and rehabilitate and to
try and help others. He outlined this in his announcement
of the resentencing.
Speaker 3 (01:05):
They could have done what many other people do, which
has basically said, you know what, I'm here for the
rest of my life, so I'm going to do whatever
I'm going to misbehave. I'm going to join gangs, I'm
going to live the life of the prison. But they
never did that. To the contrary, even though they didn't
(01:26):
think that they were ever be left free. They engage
in a different journey, a journey of redemption and the
journey of rehabilitation. And often the people that begin their
journey or rehabilitation or redemption in prison is often very
internal in what they do. And one of our lawyers
(01:48):
pointed out today is usually the path that people try
to further their education, do things for self improvement, which
a brother have done, by the way, but it's more
unique or more less usual, I guess when people not
only do that, but they also begin to engage in
ways to make life for others better. And in this case,
(02:13):
the brothers have been doing so for a very long time.
Speaker 4 (02:19):
Creating.
Speaker 3 (02:21):
Groups to deal with Haru, address untreated trauma, creating groups
to deal with other inmates. They have physical disabilities and
may be treated differently. Even in one case Lyle negotiating
(02:42):
for other inmates as to the conditions that they live
under their imprisonment. And all this was done by two
young people. Now they're not as young. They had no
hopes of ever getting out of prison. They have been
(03:04):
in prison for nearly thirty five years. I believe that
they have paid their debt to society.
Speaker 2 (03:18):
In the last episode you heard us ask Cliff whether
we could reach out to Eric and Lyle. He recommended
we send a letter to Lyles's wife, Rebecca. Thanks to
Cliff's advice, we've sent that over. But given the last
few weeks, there's probably a lot more on their plate.
We did reach out to Cliff to see if he
would join us on another call. Now you can imagine
Cliff is an in demand man right now. His number
(03:42):
one priority is the case around the Menendez brothers. But
he replied and said he'd chat to us across the weekend,
and so early Sunday morning, we jumped on a call. Yay, Cliff,
how are you? Thank you first to jumping on the
call on a on a Saturday afternoon for you.
Speaker 4 (04:04):
No, no worries, It's a Sunday morning for you.
Speaker 2 (04:06):
Yeah, yeah, yeah, I've got my coffee. I'm sort of good. Okay,
Obviously this case is sort of our guess for you
has really taken a turn in the last week.
Speaker 4 (04:15):
It has taken a turn, at least as far as
press wanting comments.
Speaker 2 (04:20):
Yes, Cliff, when we spoke last time. You gave me
a bunch of options that may or may not come
to fruition, and one of them did so in the
likelihood of race engencying, is that being an option? Did
you think that was where it would land?
Speaker 4 (04:34):
No, My understanding from the DA's press conference of several
weeks ago actually was that they were seriously considering asking
for resensing, so it didn't come as a surprise.
Speaker 2 (04:44):
Were you in the room at the time. No, I
was not.
Speaker 4 (04:46):
I wasn't in the room for the press conference several
weeks ago when he said they were thinking of resentencing.
I was out of the country, And then more recent
one was just announced the night before, so I couldn't
get down to LA for it.
Speaker 2 (05:00):
It's an obvious question, but how did you How did
you feel when you heard and how do you find
out that news is a fun goal.
Speaker 4 (05:07):
First, I actually watched the press conference like everyone else.
I knew beforehand only that he was going to call
for resentencing. I didn't know what resentencing recommendation he was
going to make. And do remember that there are two
different decisions now that the trial judge or that the
superior court judge has to make. One should there be resentencing,
(05:28):
and if so, what sentence should be imposed. The DA
has requested resentencing. Obviously we were in agreement with that.
The DA has requested that the judge resentenced to two
convictions or first degree murder for each for both Eric
and for Lyle. We'll probably add for something different and
the judge will have a decision.
Speaker 2 (05:47):
How did it make you feel hearing that news?
Speaker 4 (05:51):
I was pleased and excited for my clients that he
has called for resentencing. He then filed a resentencing memo
which was fifty seven pages long. I don't know if
you've seen it, but it's an extraordinary document that details
the rehabilitation, their education, the programs they both worked on
and created, the marvelist things they've done well in custody,
(06:13):
all under a sentence of life without parole. So very
much appreciated seeing sort of be honest and candid approach.
The DA took to that process. Little disappointed that the
DA's recommendation was for two straight life terms first to
be murder terms, which because of the boys age when
the crimes were committed, will give them mediate access to
(06:34):
the parole board so they can go and ask for parole.
But we were hoping for something a little more than that.
Speaker 2 (06:41):
Am I right in saying what you're hoping for? Was
was it murder too? Or was it manslaughter?
Speaker 3 (06:47):
Or?
Speaker 4 (06:48):
Yeah? Well what in the best of all possible world.
Because of course, we've never claimed that the conduct that
the boys engaged in that night was not criminal. It
was criminal, but our view, given the sexual abuse which
the district attorney was candidate to recognize now, given the
sexual abuse that it could when they were six and
(07:09):
eight years old, respectively, and throughout their early lives, we
thought manslaughter would be the appropriate recommendation. Indeed, the child
cook will still have that option, but it doesn't appear
that the district attorney is going to be recommending that.
Speaker 3 (07:22):
I have to tell you on equivocally that we don't
have a universal agreement. There are people in the office
that strongly believe that the Menana's brothers should say in
prison the rest of their life, and they do not
believe that they were molested, And there are people in
(07:43):
the office that strongly believe that they should be released
immediately and that they were in fact molested.
Speaker 4 (07:49):
What do you tell people in your own office who say,
these two young men clearly premeditated this murder.
Speaker 3 (07:55):
We're not letting them off. Okay, First of all, I
have been very clear those were brutal murders that were premeditated,
and that's why they got life without the possibility.
Speaker 2 (08:04):
You want to recommend that they be released.
Speaker 3 (08:06):
A medium recommending that they be released because I believe
that the people that there were is not the same
people that were seeing thirty five years later.
Speaker 2 (08:15):
The day I made a point of saying in his office,
it wasn't a unanimous decision or a unanimous feeling in
his office. Does that change anything?
Speaker 4 (08:26):
No. My sense was that there were three different views
expressed in the DA's office, and in some ways that
reflects different views in society at large. There's a group
that thinks nothing's changed. Sexual assaults don't happen to little boys.
They didn't happen to Eric and Lyle, and they got
what they deserved, life without parole. There's a group that said, well,
(08:48):
wait a minute, not so sure. Maybe straight first degree murder,
give them a shot of parole, given how their rehabilitation
has been so extraordinary. And there's a group that said, yes,
sexual abuse can happen to little boys, and it did.
Happen here and manslaughter is the appropriate results. Fact, the
office had three different groups of three different views that
(09:10):
were expressed, and that's what I think mister Gascon was
referring to.
Speaker 2 (09:16):
A little bit's been talked about about. The decision was
made under the spotlight of a district attorney election, which
is happening like imminently. What are your thoughts on that.
Speaker 4 (09:25):
As a factor matter? That's right? The elections Tuesday. Whether
the election has something to do with the decision to
ask the resentencing and if so, to recommend a particular
sentence that was recommended, I don't know. I do know
that there's no long time to make the right decision,
and this is the right decision at least to ask
(09:45):
the resentencing, since there's no wrong time to do the
right thing. You know. I was glad it happened.
Speaker 5 (09:50):
Now, Yeah, not everyone believes Lyle and Eric Menendez should
be released. One of those people is Milton Anderson. But
his sister, Kitty Menendez was shot and killed by the
b in this house.
Speaker 6 (10:09):
Well, mister Anderson firmly believes that his nephews were not molested.
He believes that that is a fabrication and he believes
that the motive was pure greed.
Speaker 5 (10:20):
Attorney Kathy Katie represents Milton Anderson, the brother of Kitty Menandez.
Speaker 6 (10:27):
At the time of the trial, at least according to
the Court of Appeal opinion, one of the brothers said
that killing her was quote a mercy killing. Mister Anderson
just wants to make sure that whatever decision is made,
that it's not politically driven, that it really is done
because of the right reasons.
Speaker 2 (10:54):
The process from here, what happens now, well.
Speaker 4 (10:57):
The habeas process remains as we discussed a couple of
weeks ago. The request resents and doesn't impact that in
terms of the resentensing requests. It's been assigned to a judge.
A hearing day has been set for December eleventh. Whether
that hearing actually occurs on December eleventh, I don't know.
It's always possible that scheduling will interfere and it'll get postponed.
(11:20):
Once that hearing occurs, the judge will have the decision making.
It'll be time for the judge to make a decision
whether to resentence, then, if so, what sentence to pick.
The judge has a great deal of discretion in both
areas as to both decisions.
Speaker 2 (11:35):
Could a judge disagree with the DS you and knock
go forward.
Speaker 4 (11:41):
Yes, the judge has full authority to say, Okay, you've
sought resentencing. No, I don't think resentence is appropriate. The
judge has full authority to say, I think resentencing is appropriate,
and I'm going to give I agree with you that
we should give find the special circumstance, strike the special
circumstance which authorize the life without parole term, and just
give them straight life for each counter of murder. Or
(12:04):
the judge could say I think manslaughter is the appropriate sentence.
I'm going to strike the murder convictions. I'm going to
impose manslaughter convictions and let them out with time served.
Speaker 2 (12:15):
Cliff, do you and your team need to present to
the judge again or is that now not required?
Speaker 4 (12:22):
Is it required? No? Is it possible? Yes, and I
don't think the decision has been made as to whether
we'll in fact have a hearing at which we call witnesses,
which may very well happen, but it's too early in
the process for me to tell you one way or another.
Speaker 2 (12:36):
With all of this action at the start of November,
I wondered if Cliff thinks that there's a likelihood that
Lal and Eric could actually spend Christmas with their family
in twenty twenty four.
Speaker 4 (12:48):
Is there a chance? Sure, if everything fell off, all
the pieces fell into place the way they would want,
and the court imposed manslaughter terms, Yes, that's possible. People
can make individual judgments as to whether they think it's
likely or not, but that's it's certainly possible.
Speaker 2 (13:07):
What's the feeling within the family and the tain now
supporting them?
Speaker 4 (13:12):
Well, I think the family is enthused. Eric and Lyle
are in a better position today than they were a
month ago in the sense that now they have the
opportunity to at least seek recensing, and so that's not
something most like without parole prisoners get in California. So
are they better off than they were?
Speaker 2 (13:32):
Yes?
Speaker 4 (13:32):
Are they as good as they could have hoped for? No?
I think they're cautiously optimistic that they can see some
real relief at this point.
Speaker 2 (13:41):
Their family also hopeful.
Speaker 4 (13:43):
They have served the penance and now it's time for them.
Speaker 2 (13:47):
To come home to you, and you're at saying what
happens now? What do you have to do?
Speaker 4 (13:52):
Well, we have to prepare for resentencing hearing. There's also
been a recent request by Eric and Lyle to the
governor for commutation. So that has thrown a sort of
a third process into the works. We have the hate,
we have the resentencing, and now we have the executive
being asked for a commutation.
Speaker 2 (14:10):
Uh.
Speaker 4 (14:10):
And that's sort of a wild card. The governor has
brought discretion. The governor is and his team are reviewing
information now, and they could decide not to act, or
they could decide to do something commutation. The governor has
power to do many things. The governor is head of
the executive branch, and the DA, of course is part
of the executive branch. The governor has power to decide
(14:32):
if he thinks the appropriate sentence has been reached, and
he can commute the sentence. He has great discretion. He
could commute the sentence to a straight life, just as
exactly what the DA is seeking in the resentence, and
he could short circuit that. He could do something more,
or he could do nothing at all. He has a
lot of discretion, a lot of power in this area.
Speaker 2 (14:52):
In simple Linemanstone, is that more powerful than the judge
that's going to hear this?
Speaker 4 (14:56):
Yes, well, I mean it's not a you know, it's
not Darth Burider versus the forces of the good. He
has a great deal of power, and he can do
it without a hearing, and it's almost an unreviewable power
in most situations.
Speaker 2 (15:15):
That grant for clemency to the Governor was sent to
the Governor of California, mister Newsom from Lyle and his team.
The District attorney from California, the one that's recommended a
recendency for the brothers, also sent a letter to the
Governor supporting Lyles's clemency bid. He's an excerpt from that letter.
(15:35):
These are his words, but not his voice.
Speaker 1 (15:38):
Dear Governor Newsom, read requests to grant clemency for Lyele Melendez.
I write in strong support of Lyel Melendez's petition for clemency,
submitted to your office on October twenty eighth, twenty twenty four.
Mister Menandez is currently fifty six years old, serving his
(16:01):
thirty fourth year in prison. On August twenty, nineteen eighty nine,
at twenty one years old, mister Lyell Melendez participated with
co defendant and brother Eric Melendez in the homicide of
their parents, Kitty and Josse Melendez, as they sat on
(16:23):
the family's couch watching television.
Speaker 2 (16:26):
Ada.
Speaker 4 (16:28):
What's the problem? What's the problem? God, Joe, are they
going what?
Speaker 2 (16:37):
It's a people ro.
Speaker 4 (16:42):
When they shot brother? When I shot up? They were
shot up.
Speaker 1 (16:53):
Mister Melendez was sentenced at the age of twenty six
to life without the possibility of parole. At the time
of the offense, there were credible allegations that Lyele Menandez
was the victim of sexual and physical abuse at the
(17:14):
hands of his father, Hssein Menendez. The Los Angeles County
Probation report preparing connection to the criminal case documented the
ongoing molestation Lyle Menendez allegedly suffered at the hands of
his father until he was eight years old. During his
(17:37):
thirty four years of incarceration, mister Menendez has worked hard
to transform his life. He has participated in rehabilitation, including
earning his associate's degree in sociology from Southwestern College. Lyel
Menendez graduated from the University of California, Irving with his
(18:02):
Bachelor of Arts degree in so geology. Our office has
communicated with several family members regarding resentencing in this matter.
All family members except for mister Milton Anderson kith Di
Menandez's brother support commutation.
Speaker 6 (18:24):
Mister Anderson firmly believes that his nephews were not molested.
He believes that that is a fabrication, and he believes
that the motive was pure greed.
Speaker 1 (18:34):
Mister Menendez's current age of fifty six, his thirty four
years spending custody, and his dedication to rehabilitation make him
an exemporary candidate for clemency.
Speaker 4 (18:46):
The saga may not be over for some time. There's
a habeast process, there's a resentencing process, and there's the
commutation process, and they're all wide open right now
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