Menendez: If I Could Hold a Press Conference

Image from the 2024 Netflix documentary “The Menendez Brothers”. (Full disclosure: I’m featured in it.)
(Originally published 10/27/24 and updated six times so far.)
I wish I could hold a press conference like Los Angeles District Attorney Gascón does when he’s overwhelmed with inquiries about the Menendez case. I’ve received more media requests in the past 30 days than I have in the previous 30 years! I’ve responded to many of them — articles, podcasts, radio and TV news shows — but for now I have retreated into my introverted comfort zone to write out my thoughts. It’s hard going from no one wanting to know what I think to everyone wanting to know what I think!
If I could, here’s what I would say:
Who am I?
For those who don’t know me, I was Juror #9 on the first Erik Menendez jury. There was a separate jury for his brother Lyle, and they both ended in mistrials. Our jury was split directly along gender lines, with six women voting for manslaughter and six men voting for murder. Lyle’s jury was differently, but similarly, split. I describe deliberations at length in my book Hung Jury: The Diary of a Menendez Juror.
What’s going on now?
When I wrote Menendez Brothers Update: When it Rains it Pours, I thought that would be it for awhile. But no! After nearly 35 years behind bars, serving a life sentence WITHOUT the possibility of parole, the brothers now have a chance of being paroled after all. The DA, in his October 24 press conference, announced his recommendation that they be resentenced according to modern guidelines.
11/1 UPDATE: Things are moving fast! While this post focuses on the resentencing recommendation, there are now THREE potential paths to freedom for the Menendez brothers: 1) A new trial granted by Judge William Ryan on the basis of new evidence presented in the May 2023 habeas petition; 2) Resentencing by Judge Michael Jesic, based on new laws and the brothers’ rehabilitation while in prison; 3) Clemency officially requested by attorney Mark Geragos of Governor Gavin Newsom.
11/6 UPDATE: DA Gascon lost his reelection race to Nathan Hochman, who says he will conduct his own assessment of the case. My thought is that there are no court dates that can’t be changed, and no recommendations that are cast in stone.
11/19 UPDATE: Governor Newsom had previously stated publicly that he would review clemency for the brothers, going so far as to say he usually takes such actions at Thanksgiving time. He has now deferred his involvement until after the newly elected DA Hochman has a chance to review the case. I’m getting whiplash!
11/25 UPDATE: The Dec. 11 hearing has been postponed to Jan. 30-31 2025. Judge Michael Jesic said that he needed more time to get up to speed on the resentencing case, and would not be ready by Dec. 11. The judge also wants to give Nathan Hochman, who will be sworn in as Los Angeles district attorney on Dec. 2, a full opportunity to weigh in. Am I surprised? Not at all.
12/20 UPDATE: Yet another extension has been requested for the habeas case (the one in which new evidence could possibly lead to a new trial, which is not anyone’s first choice of outcomes). The new requested date for the DA’s response to the May 2023 habeas filing is Jan 30, 2025, which coincides with Judge Jesic’s hearing of the separate, but related, resentencing case.
1/17/25 UPDATE: Due to the tragic Los Angeles fires (in which Bryan Freedman, the attorney who represents the Menendez and Andersen families, lost his home), the resentencing hearing has been postponed to March 20 and 21.
~~ Please scroll down to read my Message for Supporters. ~~
What is my reaction to the DA’s announcement?
Resentencing
I expected the DA to recommended resentencing, and he did. That’s better than recommending against it! I still hope for resentencing over a new trial, which would be costly, painful, and nearly impossible 30 years later.
Verdict
I was disappointed, though, that he doubled down on murder being the correct verdict. He admitted that the final decision had not been made until just before the press conference. I still believe it should have been manslaughter and it sounds to me like he personally agrees. I believe keeping the murder verdict in place was to appease those who could nix the resentencing. Kind of like when legislators add riders to a bill and you either have to veto the whole bill or accept the riders.
Politics
So it was a political decision, but maybe not in the way people think. Gascón is behind in the polls and some say it’s a Hail Mary pass to try to win the impending DA election. The brothers have a lot more public support these days than ever before, but there are still plenty of folks — including those inside the DA office — who think they should rot in jail. I’m no mind reader, or politician, but I think Gascón is trying to do the right thing while he can before he loses the power to do so.
The original murder convictions, after all, were also politically motivated in that the DA office was on a high-profile “losing streak”, feeling the pressure to convict, and “needing a win”. I disagree that the prosecution ever proved that the killings were “clearly planned”. Most of their evidence involved circumstances with more than one possible explanation. It was the prosecution’s burden, after all, to prove the elements of murder, not the defense’s burden to prove abuse. Half of both juries had reasonable doubt in the first trial, where we heard ALL of the evidence. The second trial was engineered by the judge and the DA to guarantee murder convictions, in part by withholding much of the defense evidence from the jury. My book outlines NINE differences between the two trials.
Possible New Sentence
The new sentence, for the murder of two people — if the judge agrees — is 50 years to life WITH the possibility of parole. Which is better than the brothers’ current sentence of life WITHOUT the possibility of parole, but certainly not as good as manslaughter and being released immediately with time served.
The brothers were what has become known today as “youthful offenders” who committed their crime under the age of 26. Therefore, having served nearly 35 years — if the judge agrees — they will be immediately eligible for parole, which is a whole other process unto itself.
Possible Parole
Erik and Lyle are considered to be excellent candidates for parole. Their remarkable “paths toward rehabilitation” and contributions to their prison communities, despite never having had hope of their own parole until now, are detailed in this 57 page sentencing memo dated October 24, 2024. But it’s another hoop to jump through, and who knows what else could happen, or when.
I agree with p. 48. that, “a sentence of life without parole is no longer in the interest of justice,” and that, “Erik and Lyle Menendez’ positive transformation, as well as their ability to find meaning and purpose from their current confinement illustrate just how much circumstances have changed since they were sentenced to Life Without Parole.”
Message to Supporters
Don’t lose heart! All the pieces are in place for a Menendez Miracle. It’s taking longer than we hoped for, certainly — it’s a marathon, not a sprint, and anything could happen — but miracles do happen! (The Menendez Miracles)
I am hearing that Judge Jesic has the power to reduce the verdict and sentence to manslaughter and time served — despite Gascon not having gone that far in his recommendation — and if that is true, please let it be so.
Although society has matured, along with Erik and Lyle themselves, many are still stuck in the mindset and prosecution-biased information rut of the 1990s. All we can do is to continue educating ourselves and spreading the truth to others so that when Erik and Lyle are finally freed, the world will appreciate and be kind to them.
Resources
- The Menendez Murders Flow Chart
- What’s your verdict?
- Enough is Enough: The Menendez Tapestry
- 4-min video
- Hazel’s Top Menendez Media Picks
- Books, Documentaries, Dramatizations, Podcasts, Websites
- Complete First Trial Courtroom Videos
- Watch for yourself on CourtTV.com.
- (The corrupt second trial was not televised.)
- Menendez Juror Website
- More resources
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- Hazel Thornton is an author, genealogist, and retired home and office organizer.
- Hung Jury: The Diary of a Menendez Juror
- What’s a Photo Without the Story? How to Create Your Family Legacy
- Go With the Flow! The Clutter Flow Chart Workbook
- Feel free to link directly to this post! Click here to ask about other uses.
- Copyright 2024 by Hazel Thornton, Organized for Life and Beyond
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Share this:
Things sound more promising than they ever have. I hope they get their parole – and that you get some more time to breathe.
Yes, and thanks, Janet!
This is an incredible story, and I appreciate your commitment to sharing the details and how you laid it out. How fascinating, too, that you’ve been dragged into the conversation again after 30 years. I can see how being pursued by that much media could become overwhelming, so kudos to you for drawing your boundaries.
You’ve said it all here. The next media request you receive, you can point them to this post. It will be the next best thing to talking with you live.
I’m holding up positive thoughts for the outcome you want to see.
Thanks, Linda. That’s exactly what I plan to do! I also have a backlog of media requests that I could continue to ignore but that seems impolite. It won’t satisfy everyone’s need for content, but a few of them will either be able to quote me, or will at least know a little more about my perspective.
It helps to hear the perspective of someone who actually has all the information. I feel like I never what to think when I see this topic covered by the media or Hollywood. I assume all the players have their own agendas. To me, it seems like these men have suffered enough.
That said, I wonder what their options will be if/when they are released. I hope they can find a restorative, positive way to move forward in light of the loss of incarceration. I’m sure it won’t be easy, I pray kind and generous people will support them.
No, it won’t be easy! But I do think they’ll find their way. And they do have support. Lyle, for one, has said he hopes to continue working on prison rehabilitation programs.
Hazel, I paid scant attention to the case when the trials were first held, but in the decades that I’ve known you, I’ve been fascinated by the nuance and detail that you’ve shared. Watching you on TV several times over the past few weeks has been a true education! Thank you for working to keep everyone clear on what is known, and what is yet to be known.
Thanks for sharing my blog posts, Julie!
Hazel, I have not followed this case over the years, but hearing you talk about it and moving to LA piqued my interest. Thank you. I look forward to more posts.
Thank you for your newfound interest, Standolyn!
Hazel thank you for the post. When I read your previous blog posts on this case I didn’t know you were a jurer. It is fascinating to learn the nuisances of politics and how re-election can influence the situation. In Canada, our law enforcement is not elected. I like hearing what you think.
I hope as you do that they will be released for time served and that it doesn’t take too long for that to make its way through the system.
Thanks for your good wishes, Julie!
So thoughtful and well written and what a great selection of links! Lyle and Eric have been lucky to have you on their side – I truly believe the articles and information you have put out, as well as the thoughtful interviews you have given, have helped to create the atmosphere in which their release is possible.
As far as their life outside prison – I hope their marriages work out and also that they both find a great, supportive pickleball group. It will give them a way to bond and make friends without ever having to talk about their past if they don’t want to. Pickleball players only want to talk about pickleball.
Thanks for saying that about my support of the brothers over all these years. Suddenly everyone thinks they’re an expert on the case and most of them are louder than I am.
Thank you for all of this wonderful information, Hazel! I am just a couple years younger than Erik, and I specifically remember the breaking news of their arrests on TV when I was in high school. From the beginning, the idea of this incident of family violence being inheritance-driven did not smell right to me. I have recently re-watched the trial, and it is absolutely heartbreaking. I am so hopeful that these gentlemen will get to walk among us as free men again.
Thank you for reading my post, and for being a supporter!