August 25, 2025 • 18 mins
Over the weekend, both Erik and Lyle Menendez were denied parole by a California review board. The brothers have spent more than three decades in prison for murdering their parents. Renewed interest in the case saw them resentenced in May, marking what many saw as their best chance at freedom in over 30 years. But the parole hearings revealed previously unknown details about their conduct behind bars.
Today we're unpacking what came out in these hearings, the violations that swayed the board's decision, and what avenues remain for the brothers' potential release.
Hosts: Emma Gillespie and Lucy Tassell
Producer: Orla Maher
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Transcript
Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:00):
Already and this is this is the daily This is
the Daily. Ohs oh, now it makes sense. Good morning,
and welcome to the Daily OS. It's Tuesday, the twenty
sixth of August. I'm Emma Gillespie.
Speaker 2 (00:20):
I'm Lucy Tassel.
Speaker 1 (00:21):
Over the weekend, both Eric and Lyle Menendez were denied
parole by a California review board. The brothers have spent
more than three decades in prison for murdering their parents
in nineteen eighty nine, but renewed interest in the case
has come to a head since the release of a
Netflix series that you might have heard of. The brothers
(00:42):
were re sentenced in May, marking what many saw as
their best chance at freedom in over thirty years, but
the parole hearings revealed previously unknown details about their conduct
behind bars, ultimately leading officials to reject their freedom bid. Today,
we're going to unpack came out in these hearings, the
violations that swayed the board's decision, and what avenues remain
(01:05):
for the brother's potential release. We'll get into that right
after a quick message from our.
Speaker 2 (01:09):
Sponsor, Emma. This case has captivated the public for decades,
but it's had a real resurgence in the last year,
partly due to that Netflix series that you mentioned For
listeners who might need a refresh, Can you give us
kind of a rundown. Who are the Menandez brothers and
why are they in prison?
Speaker 1 (01:29):
Yes? So, Lyle and Eric Menndez, when they were twenty
one years old and eighteen years old, were found guilty
of murdering their parents, Jose and Kitty Menendez. Now they
died brutally in the family room of their Beverly Hills mansion.
This was in August nineteen eighty nine, and initially the
brothers told police that they had come home to find
(01:51):
their parents dead, but after months of investigations, the brothers
eventually confessed and that led to their arrest in March
nineteen ninety. What was also of particular interest to police
at the time was how the brothers behaved in the
immediate aftermath of their parents' deaths. So, their parents had
been brutally murdered, and Eric and Lyle essentially went on
(02:13):
a spending spree. They were living extremely lavishly, and that's
sort of what brought prosecutors into the investigation that ultimately
exposed that Lyle and Eric had killed their parents.
Speaker 2 (02:26):
After that, they go to trial. In fact, there are
kind of two trials which I think really brought them
to the world attention. What do we need to know
about their trials?
Speaker 1 (02:35):
So, as you mentioned, Lucy, there were two trials, the
first in nineteen ninety three. Now this was televised and
became a media sensation, so as you mentioned, that's when
global attention really started to pick up for this case.
Each brother had his own jury and both testified that
they'd killed their parents in self defense after years of
sexual abuse by their father. So the lawyers in both
(02:58):
those trials really sought to have the murder charges dropped
on the grounds of self defense following that abuse. Both juries, though,
could not come to a unanimous decision. They were deadlocked
and that resulted in mistrials. So the second trial happened
in nineteen ninety five. That wrapped up in nineteen ninety six,
and the judge in that trial limited testimony over the
(03:21):
alleged abuse, so the self defense argument was essentially ruled
out in that case, and both brothers were ultimately convicted
of first degree murder and sentenced to life in prison
without the possibility of parole. In nineteen ninety six and
they've been behind bars serving that sentence ever since.
Speaker 2 (03:39):
So nineteen ninety six jumped to twenty twenty four when
there's that Netflix series that we've talked about, how did
that change things in this case?
Speaker 1 (03:47):
So there has been this massive surge of renewed interest
thanks to that show Monsters the Lyle and Eric Menendez
Story that premiered in September twenty twenty four, so nearly
a year ago. That series was created by Ryan Murphy.
It was a dramatization, so we're not talking about a
documentary series. This was a narrative dramatization kind of guessing
(04:10):
at what happened. But it's not a definitive recount of
what happened. But it debuts number one on Netflix around
the world. It led to this huge social media movement.
We saw young people and even celebrities like Kim Kardashian
advocating for the brother's release, trying to kind of call
for a new trial or for them to be pardoned
(04:31):
or exonerated. And it also led to new evidence emerging.
So a musician who'd actually worked with Jose Menendez, the
brother's father, he alleged that Jose sexually abused him in
the nineteen eighties, which gave kind of new credibility to
the abuse allegations. And the brother's lawyers uncovered a letter
that Eric had written to a cousin months before the
(04:54):
murders describing the abuse. So this all plays into the
credibility of the self defense argument. Ultimately, that led to
the brothers getting resentenced just a few months ago.
Speaker 2 (05:05):
So what is that? What changes for them then? For
Lyle and Eric if they're re sentenced.
Speaker 1 (05:10):
So the resentencing changed their eligibility for parole. So you
might remember in nineteen ninety six they were sentenced to
life without parole, meaning they would never be eligible for release.
But in May this year, they were re sentenced to
fifty years to life. Now, normally this means that an
offender would have to serve fifty years in prison before
being eligible for parole, but under California's youth offender laws,
(05:35):
Eric and Lyle became immediately eligible for parole because they
were under twenty six when they committed the murders and
they'd already served more than the minimum required time under
this kind of legal youth offender law. And that brings
us to last week's parole hearings.
Speaker 2 (05:51):
So then we have these parole hearings late last week
over the weekend. Both of them are denied, and for me,
I found that to be really interesting because if you
take them at their word that they were abused by
their parents, that's what they allege, then I guess my
thinking is like, at the risk of being crude, their
parents are dead, the people like, they can't kill their
parents again. So then I was interested to hear what
(06:16):
the parole Board's reasoning was for why they would be
asked to remain behind bars.
Speaker 1 (06:21):
Because ultimately it's up to the parole board to determine
if these men are a threat to society, and if
they're no longer a danger to society, then the argument
is that they should be released. So it was a
complex process. Eric's parole hearing actually lasted nearly ten hours.
Normally these hearings go for about two or three hours,
so there was a lot to get through and the
(06:43):
commissioners spent a long time considering the options. So there
was a panel of commissioners for Eric's hearing that included
a man named Robert Barton, who focused heavily on Eric's
past prison violations. This is new information for the rest
of us. But one of the more shocking details that
came out from this hearing was the extent of Eric's
(07:04):
rule breaking behind bars over the past three decades. So
the board detailed inappropriate behavior with visitors, drug smuggling, misuse
of state computers, devices within prison, violent incidents, illegal mobile
phone use. It was a pretty long list.
Speaker 2 (07:21):
Yeah wow, okay, So then what do we know about
some of these violations.
Speaker 1 (07:25):
So Eric specifically was involved, we've learned with a prison
gang called the Two Fivers. Now this was around twenty thirteen,
and it was revealed that he helped that gang with
a tax fraud scheme. He also had multiple phone violations,
the most recent being in twenty twenty one, So he
was repeatedly caught with illegal devices contacting his family and
(07:47):
friends and wife in the outside world. And there were
also multiple drug violations, so that ranges from marijuana to
heroin violations. But Eric was also found with supplies in
his prison cell to make prison is what it's kind
of the vernacular term. He was caught inviting someone into
his cell to smoke marijuana as recently as twenty eighteen,
(08:09):
and there were multiple physical altercations over the kind of
first two decades of his sentencing, and inappropriate conduct with
visitors that included an intimate visit with his wife. Eric
was found in a prison chapel engaging in sexual activity
with his wife in front of his nine year old stepdaughter.
Speaker 2 (08:29):
Right, okay, yeah, So then what does he say about
all these incidents.
Speaker 1 (08:34):
So Eric acknowledged all of these incidents. He accepts that
they happened. But in the case of the prison gang affiliation,
because that was a significant concern to the parole board,
Eric said he only worked with this gang out of
tremendous fear for his life. Those were the words that
he used. He said that he saw it as a
means to survive what he described as an extremely violent
(08:57):
prison yard. He'd said that he'd seen this gang murder
personal friends of his inside the prison, so he worked
with them basically to look after his own safety. He
acknowledged the broader misconduct, some of those drug allegations that
I detailed, but said that he came to a turning
point in the year twenty thirteen. He found his faith,
(09:17):
his lawyer explained, he became sober, he started engaging in
rehabilitation programs. So his whole parole argument hinged on that
from twenty thirteen he turned a corner and started to
engage in rehab, and the commissioner ultimately was not convinced
by that. Commissioner Barton said that contrary to the beliefs
of the Menendez brothers, families and friends and supporters, Eric
(09:41):
quote had not been a model prisoner, and frankly, we
find that a little disturbing. Button added, the gravity of
your crime is not a primary reason for this denial.
It's still your behavior in prison, which I guess Lucy
speaks to the concerns around you know, are they a
threat to society if the people they murdered were abusive,
(10:01):
or you know, what is the remaining threat to the
community that there is still a concern there.
Speaker 2 (10:06):
So then what do we know about Lyle's hearing? So?
Speaker 1 (10:08):
Lyle's hearing was the next day in California, on Saturday,
so overnight on Saturday for us here in Australia. One
of the commissioners there, Julie Garland, commended Lyle for his
lack of violence over his sentence, for positive relationships that
he had formed with inmates. There were behavioral violations, although
(10:29):
they were fewer than Eric, so Lyle had some violations
over five of the thirty years that he's been behind bars,
including mobile phone possession as recently as last year, But
Garland still denied Lyle parole, saying despite his outward positives,
the panel still found that he demonstrated quote antisocial personality
(10:50):
traits like deception, minimization, and rule breaking. And some of
this has to do with Lyle's acceptance or perceived lack
of accept over his role in the murder of his parents,
the brutality of that crime, and his kind of wrongdoings.
Speaker 2 (11:06):
Right, Okay, were there any kind of good points about
their time in prison that we learned about from these
parole hearings. Yeah.
Speaker 1 (11:12):
I think what's been interesting since we got this Netflix
series is that the Menendez brothers lawyers have really sought
to do a bit of reputation rehab for lack of
a better term. They've been trying to advocate or platform
the good work that the brothers have done from behind bars.
And you know, it has to be said, they have
done genuinely good work, which was acknowledged by the parole
(11:34):
board in both hearings. So, Eric, for example, pioneered hospice
program that's become a statewide model in prisons. He's worked
with elderly and terminally ill patients and helped them in
that chapter of their lives in prison. Lyle founded a
project called the Green Space Project, which has essentially transformed
the prison yard that he's into a bit of a
(11:55):
Parkla like setting. There's murals and artworks, outdoor classrooms, outdoor programs.
So they have done a lot of work to improve
the lives of inmates in their immediate communities. But the
commissioners essentially said, you know, if you can't follow the
rules of a prison, how can we trust you to
follow the rules of society in the outside world. As
(12:15):
Commissioner Barton put it, these brothers might have had a
positive impact on their community, they might have won the
forgiveness of their family, but quote can still be found
unsuitable for parole.
Speaker 2 (12:27):
Okay, what have we heard from legal authorities, like from
the state of California.
Speaker 1 (12:33):
Yes, So interestingly, throughout the course of this resentencing and
this ground swell of a bit of a movement for
the Menendez brothers release, California or LA specifically, has had
a new district attorney appointed. So a man called George
Gaskin was the DA last year and he was a
supporter of the Menendez brothers being released. He pushed for
(12:55):
them to be resentenced so they could be eligible for parole.
But in December, LA got a new district attorney. Okay,
his name is Nathan Hodgman, and he is a fierce
opponent of Lyle and Eric being released. After the hearings
and the denials of parole, Hotchman said over the weekend
that the parole board quote correctly determined that the brother's
(13:18):
actions speak louder than words. He has consistently argued that
the brothers have quote never fully accepted responsibility and continue
to promote what he calls a false narrative of self defense.
Speaker 2 (13:30):
Okay, so some strong words there from state authorities. Now
that both of them have been denied, what's the next
steps for Lyle and Eric?
Speaker 1 (13:39):
So there are a few avenues remaining. First, both brothers
can request an administrative review within a year, so they
could potentially get another parole hearing in as little as
eighteen months.
Speaker 2 (13:51):
Okay.
Speaker 1 (13:52):
The Parole Board had ordered at the end of these
hearings that they'd have to wait three years before they
would next get a shot at parole. But there's also
an avenue of clemency. Now, this would involve the Californian Governor,
Gavin Newsom, granting the brother's release, so he has the
power to do that. The Parole Board's decision has to
(14:13):
undergo now an internal review, so that will last up
to one hundred and twenty days, and after that point,
Governor Newsom will have thirty days to either affirm or
reverse the Parole Board's decisions. So this means that the
Parole board decisions could be overturned, the brothers could be
granted immediate release, but we'll have to wait at least
(14:34):
five months for an answer, and all of that depends
on Gavin Newsom.
Speaker 2 (14:38):
Has he given us any indication on where he might fall.
Speaker 1 (14:41):
Interestingly, he's been notably careful. He's tried to kind of
remain neutral over the last year. Governor Newsom even appeared
on a podcast with Ryan Murphy, who created the Netflix series,
where he revealed that he's intentionally avoided watching the show, saying, quote,
I don't want to be persuaded by something that's not
in the files of the legal evidence that he would
(15:02):
be reviewing understandable, but Newsom has acknowledged this is really complicated.
He said, quote what good can come from sending a
message that you can kill both of your parents and
be released. But he also noted that quote other inmates
have been granted parole for similar or worse crimes.
Speaker 2 (15:17):
Right.
Speaker 1 (15:18):
I would say, though, given the prison violations we learned
about from these hearings and the DA's strong opposition, it
would be politically difficult for Gavin Newsom to go against
that advice. So a reversal seems kind of unlikely. Yeah,
that being said, though, Newsom has reversed one hundred and
sixty one paroles for murderers during his time as governor,
(15:40):
often citing a lack of accountability from offenders, So we
know accountability is important to Newsome.
Speaker 2 (15:47):
Yeah. Well, and I mean accountability is going to be
important to him because it's been very strongly speculated that
he's mounting a run for president for twenty twenty eight
week exactly, this would be something he'd have to answer
questions about.
Speaker 1 (15:58):
Yes, so he'll be carefully considering, you know, whichever way
he decides to go.
Speaker 2 (16:02):
Yeah, not just the Menandez brothers, but also what it
means for his career. Absolutely. Is there any other pathway
for the brothers available other than going through the parole
system or the Gavin Newsom system.
Speaker 1 (16:15):
Yes, So with the clemency and parole options looking a
little bit further out of reach, now, yeah, there is
a possibility of a new trial altogether. This could potentially
see the charges against the brothers dropped altogether. Wow, they
could be exonerated and released. They did file a petition
for a new trial based on new evidence, so that
(16:37):
includes the letter to the cousin and the musician who
worked with Jose Mendez who alleges abuse, but with the
district attorney so against their release, yeah, it seems unlikely.
He has argued that the evidence isn't credible, the new
evidence and doesn't meet the legal standards for a new trial,
and legal experts more broadly say that California is a
(17:00):
famously aunoriously tricky state for this kind of proceeding to
grant them freedom. So California grants parole to about twenty
two percent of prisoners deemed moderate risk, which is how
the brothers were classified. And it really seems like the
prison violations are kind of the most decisive factor here
(17:20):
rather than it being about the original crime itself. It
seems that legal authorities in California are a lot more
focused on the brother's shortcomings during their thirty years behind
bars and how that could impact their future behavior in
the community.
Speaker 2 (17:37):
So to kind of wrap up, nothing's changing for them
right now, but there's many possibilities in the coming months
and coming year. Absolutely, so I guess this will not
be the last time that we talk about the Menandez
brothers on this podcast.
Speaker 1 (17:49):
Yeah, I highly doubt it will be listening.
Speaker 2 (17:52):
Thanks so much for explaining that, Emma, and thank you
so much for joining us today. We'll be back again
with another deep dive tomorrow and again in your feeds
this afternoon with the evening headlines. Until then, have a
great day. My name is Lily Maddon and I'm a
proud Arunda Bungelung Kalkudin woman from Gadighl country. The Daily
(18:15):
oz acknowledges that this podcast is recorded on the lands
of the Gadighl people and pays respect to all Aboriginal
and torrest Rate island and nations. We pay our respects
to the first peoples of these countries, both past and present,
Already and this is this is the daily This is
the Daily. Ohs oh, now it makes sense. Good morning,
and welcome to the Daily OS. It's Tuesday, the twenty
sixth of August. I'm Emma Gillespie.
Speaker 2 (00:20):
I'm Lucy Tassel.
Speaker 1 (00:21):
Over the weekend, both Eric and Lyle Menendez were denied
parole by a California review board. The brothers have spent
more than three decades in prison for murdering their parents
in nineteen eighty nine, but renewed interest in the case
has come to a head since the release of a
Netflix series that you might have heard of. The brothers
(00:42):
were re sentenced in May, marking what many saw as
their best chance at freedom in over thirty years, but
the parole hearings revealed previously unknown details about their conduct
behind bars, ultimately leading officials to reject their freedom bid. Today,
we're going to unpack came out in these hearings, the
violations that swayed the board's decision, and what avenues remain
(01:05):
for the brother's potential release. We'll get into that right
after a quick message from our.
Speaker 2 (01:09):
Sponsor, Emma. This case has captivated the public for decades,
but it's had a real resurgence in the last year,
partly due to that Netflix series that you mentioned For
listeners who might need a refresh, Can you give us
kind of a rundown. Who are the Menandez brothers and
why are they in prison?
Speaker 1 (01:29):
Yes? So, Lyle and Eric Menndez, when they were twenty
one years old and eighteen years old, were found guilty
of murdering their parents, Jose and Kitty Menendez. Now they
died brutally in the family room of their Beverly Hills mansion.
This was in August nineteen eighty nine, and initially the
brothers told police that they had come home to find
(01:51):
their parents dead, but after months of investigations, the brothers
eventually confessed and that led to their arrest in March
nineteen ninety. What was also of particular interest to police
at the time was how the brothers behaved in the
immediate aftermath of their parents' deaths. So, their parents had
been brutally murdered, and Eric and Lyle essentially went on
(02:13):
a spending spree. They were living extremely lavishly, and that's
sort of what brought prosecutors into the investigation that ultimately
exposed that Lyle and Eric had killed their parents.
Speaker 2 (02:26):
After that, they go to trial. In fact, there are
kind of two trials which I think really brought them
to the world attention. What do we need to know
about their trials?
Speaker 1 (02:35):
So, as you mentioned, Lucy, there were two trials, the
first in nineteen ninety three. Now this was televised and
became a media sensation, so as you mentioned, that's when
global attention really started to pick up for this case.
Each brother had his own jury and both testified that
they'd killed their parents in self defense after years of
sexual abuse by their father. So the lawyers in both
(02:58):
those trials really sought to have the murder charges dropped
on the grounds of self defense following that abuse. Both juries, though,
could not come to a unanimous decision. They were deadlocked
and that resulted in mistrials. So the second trial happened
in nineteen ninety five. That wrapped up in nineteen ninety six,
and the judge in that trial limited testimony over the
(03:21):
alleged abuse, so the self defense argument was essentially ruled
out in that case, and both brothers were ultimately convicted
of first degree murder and sentenced to life in prison
without the possibility of parole. In nineteen ninety six and
they've been behind bars serving that sentence ever since.
Speaker 2 (03:39):
So nineteen ninety six jumped to twenty twenty four when
there's that Netflix series that we've talked about, how did
that change things in this case?
Speaker 1 (03:47):
So there has been this massive surge of renewed interest
thanks to that show Monsters the Lyle and Eric Menendez
Story that premiered in September twenty twenty four, so nearly
a year ago. That series was created by Ryan Murphy.
It was a dramatization, so we're not talking about a
documentary series. This was a narrative dramatization kind of guessing
(04:10):
at what happened. But it's not a definitive recount of
what happened. But it debuts number one on Netflix around
the world. It led to this huge social media movement.
We saw young people and even celebrities like Kim Kardashian
advocating for the brother's release, trying to kind of call
for a new trial or for them to be pardoned
(04:31):
or exonerated. And it also led to new evidence emerging.
So a musician who'd actually worked with Jose Menendez, the
brother's father, he alleged that Jose sexually abused him in
the nineteen eighties, which gave kind of new credibility to
the abuse allegations. And the brother's lawyers uncovered a letter
that Eric had written to a cousin months before the
(04:54):
murders describing the abuse. So this all plays into the
credibility of the self defense argument. Ultimately, that led to
the brothers getting resentenced just a few months ago.
Speaker 2 (05:05):
So what is that? What changes for them then? For
Lyle and Eric if they're re sentenced.
Speaker 1 (05:10):
So the resentencing changed their eligibility for parole. So you
might remember in nineteen ninety six they were sentenced to
life without parole, meaning they would never be eligible for release.
But in May this year, they were re sentenced to
fifty years to life. Now, normally this means that an
offender would have to serve fifty years in prison before
being eligible for parole, but under California's youth offender laws,
(05:35):
Eric and Lyle became immediately eligible for parole because they
were under twenty six when they committed the murders and
they'd already served more than the minimum required time under
this kind of legal youth offender law. And that brings
us to last week's parole hearings.
Speaker 2 (05:51):
So then we have these parole hearings late last week
over the weekend. Both of them are denied, and for me,
I found that to be really interesting because if you
take them at their word that they were abused by
their parents, that's what they allege, then I guess my
thinking is like, at the risk of being crude, their
parents are dead, the people like, they can't kill their
parents again. So then I was interested to hear what
(06:16):
the parole Board's reasoning was for why they would be
asked to remain behind bars.
Speaker 1 (06:21):
Because ultimately it's up to the parole board to determine
if these men are a threat to society, and if
they're no longer a danger to society, then the argument
is that they should be released. So it was a
complex process. Eric's parole hearing actually lasted nearly ten hours.
Normally these hearings go for about two or three hours,
so there was a lot to get through and the
(06:43):
commissioners spent a long time considering the options. So there
was a panel of commissioners for Eric's hearing that included
a man named Robert Barton, who focused heavily on Eric's
past prison violations. This is new information for the rest
of us. But one of the more shocking details that
came out from this hearing was the extent of Eric's
(07:04):
rule breaking behind bars over the past three decades. So
the board detailed inappropriate behavior with visitors, drug smuggling, misuse
of state computers, devices within prison, violent incidents, illegal mobile
phone use. It was a pretty long list.
Speaker 2 (07:21):
Yeah wow, okay, So then what do we know about
some of these violations.
Speaker 1 (07:25):
So Eric specifically was involved, we've learned with a prison
gang called the Two Fivers. Now this was around twenty thirteen,
and it was revealed that he helped that gang with
a tax fraud scheme. He also had multiple phone violations,
the most recent being in twenty twenty one, So he
was repeatedly caught with illegal devices contacting his family and
(07:47):
friends and wife in the outside world. And there were
also multiple drug violations, so that ranges from marijuana to
heroin violations. But Eric was also found with supplies in
his prison cell to make prison is what it's kind
of the vernacular term. He was caught inviting someone into
his cell to smoke marijuana as recently as twenty eighteen,
(08:09):
and there were multiple physical altercations over the kind of
first two decades of his sentencing, and inappropriate conduct with
visitors that included an intimate visit with his wife. Eric
was found in a prison chapel engaging in sexual activity
with his wife in front of his nine year old stepdaughter.
Speaker 2 (08:29):
Right, okay, yeah, So then what does he say about
all these incidents.
Speaker 1 (08:34):
So Eric acknowledged all of these incidents. He accepts that
they happened. But in the case of the prison gang affiliation,
because that was a significant concern to the parole board,
Eric said he only worked with this gang out of
tremendous fear for his life. Those were the words that
he used. He said that he saw it as a
means to survive what he described as an extremely violent
(08:57):
prison yard. He'd said that he'd seen this gang murder
personal friends of his inside the prison, so he worked
with them basically to look after his own safety. He
acknowledged the broader misconduct, some of those drug allegations that
I detailed, but said that he came to a turning
point in the year twenty thirteen. He found his faith,
(09:17):
his lawyer explained, he became sober, he started engaging in
rehabilitation programs. So his whole parole argument hinged on that
from twenty thirteen he turned a corner and started to
engage in rehab, and the commissioner ultimately was not convinced
by that. Commissioner Barton said that contrary to the beliefs
of the Menendez brothers, families and friends and supporters, Eric
(09:41):
quote had not been a model prisoner, and frankly, we
find that a little disturbing. Button added, the gravity of
your crime is not a primary reason for this denial.
It's still your behavior in prison, which I guess Lucy
speaks to the concerns around you know, are they a
threat to society if the people they murdered were abusive,
(10:01):
or you know, what is the remaining threat to the
community that there is still a concern there.
Speaker 2 (10:06):
So then what do we know about Lyle's hearing? So?
Speaker 1 (10:08):
Lyle's hearing was the next day in California, on Saturday,
so overnight on Saturday for us here in Australia. One
of the commissioners there, Julie Garland, commended Lyle for his
lack of violence over his sentence, for positive relationships that
he had formed with inmates. There were behavioral violations, although
(10:29):
they were fewer than Eric, so Lyle had some violations
over five of the thirty years that he's been behind bars,
including mobile phone possession as recently as last year, But
Garland still denied Lyle parole, saying despite his outward positives,
the panel still found that he demonstrated quote antisocial personality
(10:50):
traits like deception, minimization, and rule breaking. And some of
this has to do with Lyle's acceptance or perceived lack
of accept over his role in the murder of his parents,
the brutality of that crime, and his kind of wrongdoings.
Speaker 2 (11:06):
Right, Okay, were there any kind of good points about
their time in prison that we learned about from these
parole hearings. Yeah.
Speaker 1 (11:12):
I think what's been interesting since we got this Netflix
series is that the Menendez brothers lawyers have really sought
to do a bit of reputation rehab for lack of
a better term. They've been trying to advocate or platform
the good work that the brothers have done from behind bars.
And you know, it has to be said, they have
done genuinely good work, which was acknowledged by the parole
(11:34):
board in both hearings. So, Eric, for example, pioneered hospice
program that's become a statewide model in prisons. He's worked
with elderly and terminally ill patients and helped them in
that chapter of their lives in prison. Lyle founded a
project called the Green Space Project, which has essentially transformed
the prison yard that he's into a bit of a
(11:55):
Parkla like setting. There's murals and artworks, outdoor classrooms, outdoor programs.
So they have done a lot of work to improve
the lives of inmates in their immediate communities. But the
commissioners essentially said, you know, if you can't follow the
rules of a prison, how can we trust you to
follow the rules of society in the outside world. As
(12:15):
Commissioner Barton put it, these brothers might have had a
positive impact on their community, they might have won the
forgiveness of their family, but quote can still be found
unsuitable for parole.
Speaker 2 (12:27):
Okay, what have we heard from legal authorities, like from
the state of California.
Speaker 1 (12:33):
Yes, So interestingly, throughout the course of this resentencing and
this ground swell of a bit of a movement for
the Menendez brothers release, California or LA specifically, has had
a new district attorney appointed. So a man called George
Gaskin was the DA last year and he was a
supporter of the Menendez brothers being released. He pushed for
(12:55):
them to be resentenced so they could be eligible for parole.
But in December, LA got a new district attorney. Okay,
his name is Nathan Hodgman, and he is a fierce
opponent of Lyle and Eric being released. After the hearings
and the denials of parole, Hotchman said over the weekend
that the parole board quote correctly determined that the brother's
(13:18):
actions speak louder than words. He has consistently argued that
the brothers have quote never fully accepted responsibility and continue
to promote what he calls a false narrative of self defense.
Speaker 2 (13:30):
Okay, so some strong words there from state authorities. Now
that both of them have been denied, what's the next
steps for Lyle and Eric?
Speaker 1 (13:39):
So there are a few avenues remaining. First, both brothers
can request an administrative review within a year, so they
could potentially get another parole hearing in as little as
eighteen months.
Speaker 2 (13:51):
Okay.
Speaker 1 (13:52):
The Parole Board had ordered at the end of these
hearings that they'd have to wait three years before they
would next get a shot at parole. But there's also
an avenue of clemency. Now, this would involve the Californian Governor,
Gavin Newsom, granting the brother's release, so he has the
power to do that. The Parole Board's decision has to
(14:13):
undergo now an internal review, so that will last up
to one hundred and twenty days, and after that point,
Governor Newsom will have thirty days to either affirm or
reverse the Parole Board's decisions. So this means that the
Parole board decisions could be overturned, the brothers could be
granted immediate release, but we'll have to wait at least
(14:34):
five months for an answer, and all of that depends
on Gavin Newsom.
Speaker 2 (14:38):
Has he given us any indication on where he might fall.
Speaker 1 (14:41):
Interestingly, he's been notably careful. He's tried to kind of
remain neutral over the last year. Governor Newsom even appeared
on a podcast with Ryan Murphy, who created the Netflix series,
where he revealed that he's intentionally avoided watching the show, saying, quote,
I don't want to be persuaded by something that's not
in the files of the legal evidence that he would
(15:02):
be reviewing understandable, but Newsom has acknowledged this is really complicated.
He said, quote what good can come from sending a
message that you can kill both of your parents and
be released. But he also noted that quote other inmates
have been granted parole for similar or worse crimes.
Speaker 2 (15:17):
Right.
Speaker 1 (15:18):
I would say, though, given the prison violations we learned
about from these hearings and the DA's strong opposition, it
would be politically difficult for Gavin Newsom to go against
that advice. So a reversal seems kind of unlikely. Yeah,
that being said, though, Newsom has reversed one hundred and
sixty one paroles for murderers during his time as governor,
(15:40):
often citing a lack of accountability from offenders, So we
know accountability is important to Newsome.
Speaker 2 (15:47):
Yeah. Well, and I mean accountability is going to be
important to him because it's been very strongly speculated that
he's mounting a run for president for twenty twenty eight
week exactly, this would be something he'd have to answer
questions about.
Speaker 1 (15:58):
Yes, so he'll be carefully considering, you know, whichever way
he decides to go.
Speaker 2 (16:02):
Yeah, not just the Menandez brothers, but also what it
means for his career. Absolutely. Is there any other pathway
for the brothers available other than going through the parole
system or the Gavin Newsom system.
Speaker 1 (16:15):
Yes, So with the clemency and parole options looking a
little bit further out of reach, now, yeah, there is
a possibility of a new trial altogether. This could potentially
see the charges against the brothers dropped altogether. Wow, they
could be exonerated and released. They did file a petition
for a new trial based on new evidence, so that
(16:37):
includes the letter to the cousin and the musician who
worked with Jose Mendez who alleges abuse, but with the
district attorney so against their release, yeah, it seems unlikely.
He has argued that the evidence isn't credible, the new
evidence and doesn't meet the legal standards for a new trial,
and legal experts more broadly say that California is a
(17:00):
famously aunoriously tricky state for this kind of proceeding to
grant them freedom. So California grants parole to about twenty
two percent of prisoners deemed moderate risk, which is how
the brothers were classified. And it really seems like the
prison violations are kind of the most decisive factor here
(17:20):
rather than it being about the original crime itself. It
seems that legal authorities in California are a lot more
focused on the brother's shortcomings during their thirty years behind
bars and how that could impact their future behavior in
the community.
Speaker 2 (17:37):
So to kind of wrap up, nothing's changing for them
right now, but there's many possibilities in the coming months
and coming year. Absolutely, so I guess this will not
be the last time that we talk about the Menandez
brothers on this podcast.
Speaker 1 (17:49):
Yeah, I highly doubt it will be listening.
Speaker 2 (17:52):
Thanks so much for explaining that, Emma, and thank you
so much for joining us today. We'll be back again
with another deep dive tomorrow and again in your feeds
this afternoon with the evening headlines. Until then, have a
great day. My name is Lily Maddon and I'm a
proud Arunda Bungelung Kalkudin woman from Gadighl country. The Daily
(18:15):
oz acknowledges that this podcast is recorded on the lands
of the Gadighl people and pays respect to all Aboriginal
and torrest Rate island and nations. We pay our respects
to the first peoples of these countries, both past and present,
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