Governor Newsom’s Decision on Menendez Brothers Parole

The resentencing of Erik and Lyle Menendez this week from life in prison to 50-years-to-life with the chance of parole brought a new spotlight to Governor Gavin Newsom, who now has to power to approve whether or not a future parole approval goes forward.

Newsom has been all over the map when it comes to parole denials of high profile criminals. He has long since denied the parole of Manson family member Patricia Krenwinkel, with his last denials making her the longest serving female prisoner in the California state penal system. The same goes for Robert Kennedy assassin Sirhan Sirhan, who has been denied parole for decades and will likely never see the outside of a jail again, even with RFK’s son and Health and Human Services Secretary Robert Kennedy Jr. being in favor of parole.

On the other hand, he has granted clemency and pardons to a lot of criminals, and is currently shrinking the state’s prison system. As of last month, Governor Newsom has granted a total of 224 pardons and 150 commutations. And that’s not even getting into not blocking paroles. Manson Family member Leslie Van Houten actually left prison a few years ago thanks to Newsom not blocking her parole.

And now the next high profile criminals might be coming Newsom’s way near the end of his second term – the Menendez brothers. The Menendez brothers, who shot both their parents with shotguns at their Beverly Hills home in 1989, were sentenced in 1996 for two life sentences without parole. However, in recent years, allegations that their parents abused them began to convince some that their sentencing needed to be reevaluated. Last year, then DA George Gascon announced that they would be looking into a resentencing hearing, with the Menendez brothers possibly to be out by Christmas.

However, multiple trial delays, including one brought on by the January wildfires, and the election of Nathan Hochman as DA largely derailed plans of an unhindered resentencing hearing. But the day finally came earlier this week, where they were resentenced to 50 years to life with prole now being an option. While their parole could be a big issue in the 2026 California Gubernatorial election, the more urgent issue will be of their first parole hearing. Should it go well, Newsom will be on the hot seat.

And the implications are big. Newsom is currently mulling a 2028 presidential run. Recent polls show that he isn’t doing so hot nationwide, with his approval or blocking of a potential Menendez parole likely being a major factor in terms of support. Yes to a parole, and he is soft on crime but stays true to his rehabilitation bend on jails. No to a parole, and it’s the opposite, with the added issue of their parole now becoming the next Governor’s problem.

Newsom and parole

Newsom has been dodgy on the question.

“Well I won’t be able to hypothetical as I read the parole reports,” said Newsom on Wednesday upon being asked if he would ok a Menendez brothers pardon. “So, on the basis of a recommendation I reject the parole boards recommendations often. I’ll send back for a full review or I’ll reject or reverse them completely. I have a great respect for their judgement and the relatively small percentage of parole applications they approve. And they tend not to approve most of them.

“Specific to the Menendez case. So the judge in the resentencing made them eligible for parole. We started a process as you know which intended to help inform the judge during the resentencing of the risk assessment. We thought that prudent to do before any resentencing. That process has unfolded over the last number of months and forensic psychologists did an assessment of the risk of each individual brother. That was debated, district attorney debated, the victims family debated and the judge himself debated the merits of whether or not that should be included in the proceedings and a lot of that was discussed publicly and behind closed doors.

“That’s one component in the process that is unfolding and is to conclude on June 13th as it is with the parole boards actions. That’s a very similar process to a traditional parole process. So the question for the parole board is that if they will reserve a more traditional parole process or choose a separate pathway to an independent parole analysis. And that’s a conversation we’ve been having to make that determination. It’s conceivable, to a point, that on June 13th there could be a recommendation to me, with an arbiter going to review, the parole boards recommendations and report. But it’s more conceivable that it will happen months and months later. So it’s a process that we’re making that will be determined in real time.

In short, the earliest Newsom would have to review a potential parole decision is June 13th, but it will likely be some time after that. And no hint on which way he will go, only saying that he wants to do a full review of an approval or denial of parole.

Newsom knows what the implications are either way he goes, and he is likely hoping that the parole board takes their sweet time in voting on a parole. This will likely be Newsom’s last big high-profile parole decision as Governor, and he wants to make sure that the decision is right…as well as seeing how much each option would help or hurt his future political ambitions.