(SAN DIEGO, CA) — A cousin of the Menendez brothers said she’s “thrilled” that California Gov. Gavin Newsom is addressing the brothers’ request for clemency and ordering the parole board to investigate further.
“I certainly gasped in relief,” cousin Anamaria Baralt, one of at least 20 relatives in support of the brothers’ release, told ABC News at a virtual news conference Thursday. “This is huge.”
Lyle and Erik Menendez — who are serving life in prison without the possibility of parole for the 1989 murders of their parents — have “cautious optimism” they’ll be released, Baralt said.
“They are the first life without parole prisoners on this path,” added another cousin, Tamara Goodell. “So when we look at any advancements … it’s definitely with hope, but also understanding that there are no promises.”
Newsom announced Wednesday that he’s ordering the parole board to conduct a 90-day “comprehensive risk assessment” investigation into whether the brothers pose “an unreasonable risk to the public” if they’re granted clemency and released.
“There’s no guarantee of outcome here,” Newsom said Wednesday on his new podcast, “This is Gavin Newsom.” “My office conducts dozens and dozens of these clemency reviews on a consistent basis. But this process simply provides more transparency, which I think is important in this case, as well as provides us more due diligence before I make any determination for clemency.”
Baralt called Newsom’s decision a “positive step forward” and said she’s confident the parole board will determine Lyle and Erik Menendez are not a risk to public safety.
“We have seen their rehabilitation over the last three decades,” Baralt said.
She said the parole board’s investigation will find: the brothers’ repeated and sincere remorse; their work to improve prison culture and run several programs to help inmates reenter society; and how they’ve spent most of their lives in prison but still built meaningful lives helping others. The board will also consider their age at the time of the crime and their lack of criminal history outside of “making a horrific decision” as a direct result of the abuse they endured, Baralt said.
“We understand that this is not without professional risk for him,” Baralt said of Newsom.
Though the cousins praised Newsom, they were disappointed and frustrated by Los Angeles County District Attorney Nathan Hochman’s announcement last week that he’s asked the court to deny the brothers’ habeas corpus petition.
Lyle and Erik Menendez filed the petition in 2023 for a review of two new pieces of evidence not presented at trial: a letter Erik Menendez wrote to his cousin, Andy Cano, eight months before the murders detailing his alleged abuse from his father Jose Menendez; and allegations from a former boy band member, Roy Rossello, who revealed in 2023 that he was raped by Jose Menendez.
Hochman argued the letter failed the credibility test, saying if it existed, the defense would have used it at the brothers’ trials in the 1990s.
Hochman said Rossello’s allegation failed the admissibility test, because the brothers didn’t know about his claims until recent years, so it couldn’t have influenced their state of mind during the crime and “play a role in self-defense or premeditated murder.”
After Hochman’s announcement, Erik Menendez said to the family, “We need you strong,” Goodell recalled. “They both really mirrored our frustration, but they also said, ‘Let it go. We need to focus on moving forward.’ And so that is our focus.”
Baralt stands by the new evidence.
The letter to Cano, while received in December 1988, was not discovered until recent years, according to the brothers’ attorney.
Baralt stressed that Cano was 14 or 15 at the time Erik Menendez sent him that letter.
“It’s only natural for a teenage boy to not realize he is sitting on critical evidence. Andy wasn’t a lawyer. He wasn’t even an adult,” she said. “To pose the question now, decades later, after he passed, of why wasn’t the letter submitted back then? It’s like asking a teenager who got in a fender bender why didn’t you call the police to file a report — because a teenager doesn’t know any better. He didn’t realize how vital that letter would be to the case.”
And as for Rossello’s admission in 2023, Baralt stressed that it’s common for abuse victims to not disclose for years.
“Roy coming out to share his story in his own time is new evidence” that should be considered admissible, she said.
Baralt said Hochman’s decision “felt extra hurtful, because it was only a few weeks ago that dozens of [relatives] sat in his office and described the horror of being in this victim family, with 35 years of being retraumatized.”
“We have become victims in this process,” she said. “We have been laughed at, ridiculed and forced to relive the pain over and over again.”
Lyle and Erik Menendez were convicted in 1996 of the 1989 shotgun murders of their parents, Kitty and Jose Menendez. The defense claimed the brothers acted in self-defense after enduring years of sexual abuse by their father, while prosecutors alleged they killed for money.
Besides clemency and the habeas corpus petition, another possible path to freedom is resentencing.
In October, then-LA County District Attorney George Gascón announced he supported resentencing for the brothers. Gascón recommended their sentences of life without the possibility of parole be removed, and said they should instead be sentenced for murder, which would be a sentence of 50 years to life. Because both brothers were under 26 at the time of the crimes, they would be eligible for parole immediately with the new sentence.
The DA’s office said its resentencing recommendations take into account many factors, including rehabilitation in prison and abuse or trauma that contributed to the crime. Gascón praised the work Lyle and Erik Menendez did behind bars to rehabilitate themselves and help other inmates.
Weeks after Gascón’s announcement, he lost his race for reelection to Hochman.
Hochman, who came into office on Dec. 3, has yet to announce if he is in support of or against resentencing for the brothers. He’s expected to decide in the coming weeks.
A hearing regarding the resentencing case is set for March 20 and 21.
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