Menendez brothers latest: LA DA to petition Gov. Newsom for clemency
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(LOS ANGELES) — Los Angeles County District Attorney George Gascón is supporting the Menendez brothers’ new effort to petition California Gov. Gavin Newsom for clemency, which would reduce their sentence or grant a pardon, ABC News has learned.
Gascón plans to submit a letter to that effect by the end of the day Wednesday.
Lyle and Erik Menendez were sentenced in 1996 to two consecutive terms of life without parole.
While prosecutors alleged they killed their parents for money, the defense argued the brothers acted in self-defense following years of sexual abuse by their father.
Besides the new clemency route, the brothers have two other possible tracks to freedom.
One path is through resentencing.
Gascón announced last week that he was recommending the brothers’ sentence of life without the possibility of parole be removed, and 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, with the new sentence, they would be eligible for parole immediately, Gascón said.
“We appreciate what they did while they were in prison,” Gascón said at a news conference of the brothers. “While I disapprove of the way they handled their abuse, we hope that they not only have learned — which appears that they have — but that if they get reintegrated into our community, that they continue to do public good.”
Gascón’s recommendation will go before a Los Angeles Superior Court judge, and if the judge agrees, the decision will next be in the hands of a parole board.
The second possible track for release is the habeas corpus petition filed last year for a review of new evidence not presented at trial.
One piece of evidence is allegations from a former member of the boy band Menudo, who is alleging he was sexually abused by music executive Jose Menendez.
The second piece of evidence is a letter Erik Menendez wrote to his cousin eight months before the murders detailing his alleged abuse. The cousin testified about the alleged abuse at trial, but the letter — which would have corroborated the cousin’s testimony — wasn’t unearthed until several years ago, according to the brothers’ attorney, Mark Geragos.
Through this petition, the court could reverse the convictions or reopen proceedings.
Officials in the DA’s office told ABC News they are “keeping an open mind” to reducing the conviction to a lesser charge based on the new evidence.
One person was killed and two were injured by falling trees in Washington state as a powerful storm moved into the Pacific Northwest.
In Lynwood, a woman in her 50s was killed when a tree fell on a homeless encampment Tuesday night. In Puget Sound, two were transported to hospitals when a tree fell on a trailer, officials said.
The storm exploded into a bomb cyclone off the coast, near Vancouver Island, Canada, where winds gusted near 101 mph.
A bomb cyclone means the pressure in the center of the storm drops 24 millibars within 24 hours.
Wind gusts reached 50 to 84 mph from Northern California to Washington.
As the storm sits and spins over the ocean this week, it will help to push a plume of Pacific moisture called an atmospheric river into Oregon and Northern California.
Alerts are in effect through Friday for flooding, snow, avalanches and high winds.
Some places could see more than 1 foot of rain this week. A flood watch has been issued in Northern California.
An ABC News graphic shows the latest weather conditions and warnings in the wake of Helene, on Monday, Sept. 30, 2024. — ABC News
(NEW YORK) — The storm surge, wind damage and inland flooding from Hurricane Helene have been catastrophic, flooding neighborhoods, stranding residents, destroying homes and toppling trees in Florida, Georgia, South Carolina, North Carolina, Virginia and Tennessee.
Dozens have been killed.
Helene, which made landfall in Florida’s Big Bend region Thursday night as a massive Category 4 hurricane, was the strongest hurricane to make landfall in the Big Bend on record.
Here’s how the news is developing:
FEMA has delivered 1 million liters of water and 600K meals to North Carolina
North Carolina Gov. Roy Cooper called the impact of Hurricane Helene on the state “absolutely catastrophic” in a statement Monday.
“This is an unprecedented response and an absolutely enormous coordinated effort by the state, federal and local partners,” Cooper said.
Cooper, who inspected the staging area at the Asheville airport Monday, said “Hundreds of thousands of pounds of supplies are being flown in, packed onto helicopters and flown into areas that can’t be reached by vehicles.”
The Federal Emergency Management Agency (FEMA) has delivered 1 million liters of water and 600,000 meals to people in North Carolina, Cooper said.
The governor added that there are 92 search and rescue teams working to help bring residents to safety.
Biden says he’ll travel to North Carolina on Wednesday
President Joe Biden told reporters from the Oval Office he will travel to North Carolina on Wednesday to survey the damage.
He said he plans to land in Raleigh for a briefing and then do an aerial tour of Asheville to avoid straining on-the-ground resources.
He said he will visit Georgia and Florida “as soon as possible after that.”
Asked by ABC News’ Karen Travers how Americans can help out, Biden recommended people reach out to the Red Cross — and gear up for a long recovery.
“There is a lot to do, and this is just beginning,” Biden said. “We’ve been through this before, but not — not like this. This is the worst ever.”
Harris to impacted communities: ‘Our nation is with you’
Vice President Kamala Harris called the storm damage throughout the Southeast the “worst destruction and devastation that we have seen in quite some time” during remarks from FEMA’s headquarters in Washington, D.C., Monday afternoon.
“In coordination with state and local officials, President Biden and I will continue to make sure that communities have the support and the resources that they need — not only to respond to this storm and its immediate aftermath, but also the resources they will need to recover,” Harris said.
Harris said more than 3,300 federal personnel are on the ground to assist with recovery efforts, including deploying food, water and generators as well as helping to restore water and power.
“To everyone who has been impacted by this storm, and to all of those of you who are rightly feeling overwhelmed by the destruction and the loss, our nation is with you,” she said. “We will continue to do everything we can to help you recover and to help you rebuild. No matter how long it takes.”
Harris said she has spoken to Georgia Gov. Brian Kemp and North Carolina Gov. Roy Cooper and plans to be “on the ground as soon as possible” without disrupting any emergency response operations.
Storm ‘unprecedented’ for western North Carolina
Helene is “an unprecedented storm” for western North Carolina, requiring an “unprecedented response,” North Carolina Gov. Roy Cooper said Monday.
“We’re dealing with a situation that is unlike anybody’s ever seen in western North Carolina,” he said.
The damage is “extensive and devastating” and is “going to require significant resources, both in the short-term and the long-term,” the governor said.
Ninety-two rescue teams are out conducting search and rescues right now, Cooper said.
More than 300 roads are closed and some bridges have been destroyed, officials said.
Over 7,000 North Carolina residents have registered for FEMA individual assistance and that money is already flowing in, according to Will Ray, director of North Carolina Emergency Management.
FEMA Administrator Deanne Criswell promised that the agency will “be here as long as it takes to finish this response and continue through the recovery.”
“We have the resources here in North Carolina to help,” Criswell said. “We will continue to send additional resources in.”
Full extent of damage still unclear: Homeland security adviser
Homeland security adviser Liz Sherwood Randall said the full extent of the damage from the hurricane is still unclear.
“It probably will take several more days, as communities begin to be opened up by the debris clearance on the roads, and we can get in, and really understand what’s happened to them,” she said.
Sherwood-Randall said about 600 people are unaccounted for.
“We’re very hopeful that some of those people just don’t have cellphones working and actually are alive,” she said.
Sherwood-Randall said 3,500 federal response personnel have been deployed to the region and additional personnel is expected to arrive in the coming days.
With communication remaining a major challenge, Sherwood-Randall said, “Today, FEMA will install 30 Starlink receivers in western North Carolina to provide immediate connectivity for those in greatest need.”
She also highlighted that in states that have received major disaster declarations, FEMA is working to distribute serious needs assistance, which gives “an immediate $750 direct payment to eligible households, to allow them to pay for essential items like food, baby formula, water, medications and other emergency supplies.”
-ABC News’ Molly Nagle
Sen. Rick Scott calls for Senate to reconvene to pass emergency aid
Sen. Rick Scott, R-Fla., is calling upon the Senate to reconvene to approve an emergency aid package for victims of Hurricane Helene.
“While I know from my experience with previous hurricanes that FEMA and [Small Business Administration] damage assessments take time, I am today urging Majority Leader Chuck Schumer to immediately reconvene the U.S. Senate when those assessments are completed so that we can pass the clean supplemental disaster funding bill and other disaster relief legislation, like my Federal Disaster Tax Relief Act, needed to ensure the full recovery of families in all impacted communities,” Scott said in a statement Monday.
Any additional funding, beyond the funding approved by President Joe Biden and able to be drawn down from FEMA, would need to be approved by both chambers of Congress.
The Senate let out on Wednesday after approving a stopgap funding bill to keep the government funded through Dec. 20. The Senate is not scheduled to return until Nov. 12. The House is also out of session and would need to return to approve any aid.
-ABC News’ Allison Pecorin
How to help
Click here for a list of charities and organizations that are supporting relief efforts, including the Red Cross and Americares.
Trump visits hard-hit Valdosta, Georgia
Former President Donald Trump visited hard-hit Valdosta in southern Georgia on Monday to distribute supplies and “stand in complete solidarity with … all of those suffering in the terrible aftermath of Hurricane Helene.”
“Valdosta has been ravaged,” Trump said. “The town is, very, very badly hurting, and many thousands are without power. They’re running low on food and fuel. We brought a lot of it down with us.”
“We’ll continue to help until you’re bigger, better, stronger than ever before,” Trump said.
The former president held a “moment of silence and prayer” for those killed in the storm.
Twenty-five people in Georgia have died in the storm, Gov. Brian Kemp said.
Trump said he’ll also visit North Carolina as the state works to recover from Helene.
Biden plans to visit storm zone Wednesday or Thursday
President Joe Biden said Monday that Helene is “not just a catastrophic storm — it’s a historic, history-making storm.”
Biden said he will travel to the impact zone as soon as possible, ideally Wednesday or Thursday. He said he’s been told it’d be disruptive to visit immediately, and he does not want to interfere with these areas accessing the relief they desperately need.
“Communities are devastated. Loved ones waiting, not sure if their loved ones are OK, and they can’t contact them because there’s no cellphone connections. Many more folks displaced have no idea when they’ll be able to be return to their home, if ever, if there’s a home to return to,” he said.
“There’s nothing like wondering, ‘Is my husband, wife, son, daughter, mother, father, alive?’ And many more who remain without electricity, water, food and communications,” he said.
Biden said he’s directed his team “to provide every available resource as fast as possible.”
Biden vowed, “We’re not leaving until the job is done.”
Helene ‘spared no one’ in Georgia, governor says
Hurricane Helene “literally spared no one” in Georgia, Gov. Brian Kemp said Monday.
Twenty-five people in Georgia have died in the storm, Kemp said. The victims include: a 27-year-old mother and her 1-month-old twin boys, who died when a tree fell on their home; Leon Davis, an assistant fire chief from Blackshear, who died when a tree fell on his car while he was responding to a call; and a 7-year-old boy and a 4-year-old girl who died when a tree fell on their burning house, he said.
More than 500,000 customers in Georgia remain without power after Helene damaged over 5,000 poles, the governor said. Kemp said Georgia Power officials are calling Helene the most devastating storm they’ve faced.
Former President Donald Trump is scheduled to visit hard-hit Valdosta, Georgia, on Monday.
35 dead, hundreds unaccounted for in hard-hit Buncombe County, North Carolina
Thirty-five people are dead and 600 people remain unaccounted for in hard-hit Buncombe County, North Carolina, which encompasses Asheville, according to county officials.
County officials said people will go door-to-door to check on those who have been reported missing.
Shelters are at capacity, officials said.
The city of Asheville has partnered with Verizon to establish a temporary cellphone tower, officials said.
-ABC News’ Alex Faul and Jessica Gorman
600 people still unaccounted for in hard-hit Buncombe County, North Carolina
Six-hundred people remain unaccounted for in hard-hit Buncombe County, North Carolina, which encompasses Asheville, according to county officials.
County officials said people will go door-to-door to check on those who have been reported missing.
Thirty people in Buncombe County have been confirmed dead from the hurricane, the sheriff said Sunday.
Buncombe County remains under a state of emergency.
-ABC News’ Jessica Gorman
Helene remnants move into mid-Atlantic
After dumping more than 30 inches of rain on North Carolina and producing the biggest local flood in recorded history, the remnants of Helene are forecast to move on Monday into the mid-Atlantic.
As southeastern United States worked to clean up from Helene, some of its remnants are moving into Mid-Atlantic today with heavy rain forecast for West Virginia, Virginia and Maryland.
There is an elevated flood threat on Monday in Virginia and West Virginia, where the already saturated ground could get additional 1 to 2 inches of rain, which could produce flash flooding.
-ABC News’ Max Golembo
Harris planning visit to communities impacted by Helene
Vice President Kamala Harris intends to communities impacted by Hurricane Helene “as soon as it is possible without disrupting emergency response operations,” according to a White House official.
Harris, who was briefed by FEMA on the federal response to the hurricane, reached out to Florida Gov. Ron DeSantis and Georgia Gov. Brian Kemp.
At a rally in Las Vegas on Sunday, Harris addressed those who were impacted by the hurricane by sending her “thoughts and prayers” and thanking first responders.
“I know that everyone here sends their thoughts and prayers for folks who have been so devastated in Florida, in Georgia, the Carolinas and other impacted states. And we know that so many have been impacted. Some have died, but I want to thank everyone for doing everything you can to think about them,” Harris said. “Send them your thoughts and your prayers. I want to thank the first responders who have done so much. I stand with these communities for as long as it takes to make sure that they are able to recover and rebuild.”
-ABC News’ Gabriella Abdul-Hakim, Fritz Farrow and Will McDuffie
Gov. DeSantis says power restored to all but 111K in Florida
Florida Gov. Ron DeSantis shared a major update on power restoration progress in the state on Sunday.
DeSantis said a post on X that most customers who lost power after Hurricane Helene made landfall in Florida’s Big Bend area last week, have had their electricity restored.
The governor said power was back for 2.3 million customers, and 99% of the state has power.
He added that power remains out for 111,000 customers.
Biden intends to visit hurricane zone this week
President Joe Biden spent his Sunday evening receiving briefings on the damage from Hurricane Helene, and speaking to local officials from the impacted areas.
In a statement, the White House said Biden intends to travel to the impacted areas this week, “as soon as it will not disrupt emergency operations.”
Additionally, Biden spoke by phone Sunday with Georgia Gov. Brian Kemp, North Carolina Gov. Roy Cooper, Valdosta, Georgia, Mayor Scott Matheson and Taylor County, Florida, emergency management director John Louk, according to the White House.
The president also reached out to additional officials across North Carolina, Tennessee, Florida and South Carolina.
“In each conversation, the President received updates on response and recovery efforts, and he shared how the Biden-Administration will continue providing support to impacted communities – for as long as it takes,” the White House said in the statement.
-ABC News’ Sarah Kolinovsky
Trump to visit Valdosta, Georgia
Former President Donald Trump is scheduled to visit Valdosta, Georgia, on Monday to receive a briefing on the damage caused by Hurricane Helene, help distribute supplies and deliver remarks, his campaign said.
President Joe Biden said Sunday that the photographs showing Hurricane Helene’s damage are “stunning.”
When asked by reporters about his message to the victims, Biden said, “It’s tragic.”
“My FEMA advisor is on the ground in Florida right now. … We’re working hard,” Biden said.
Asked by ABC News if there are more resources the federal government could be providing, Biden responded, “No, we’ve given them. We have pre-planned a significant amount, even though they didn’t ask for it yet — hadn’t asked for it yet.”
-ABC News’ Michelle Stoddart
25 dead in South Carolina
Hurricane Helene’s impact on South Carolina has been “devastating,” and the storm has claimed the lives of 25 people in the state, Gov. Henry McMaster said Sunday.
“We don’t want to lose any more,” McMaster said.
Nearly 1.3 million customers lost power in South Carolina at Helene’s peak. As of Sunday afternoon, more than 800,000 customers remain in the dark.
The governor emphasized that power companies are working around the clock to restore electricity. Thousands of workers are on the ground, but downed trees tangled in power lines are delaying efforts, he said.
-ABC News’ Jason Volack
FEMA sending more search and rescue teams to North Carolina
FEMA Director Deanne Criswell said the agency is sending more search and rescue teams to western North Carolina, where residents are facing “historic” flooding from Hurricane Helene.
“I don’t know that anybody could be fully prepared for the amount of flooding and landslides that they are experiencing right now. But we have had teams in there for several days. We’re sending more search and rescue teams in there,” Criswell told CBS’ Face the Nation.
Gov. Roy Cooper described Hurricane Helene’s damage in western North Carolina as “catastrophic.”
“This unprecedented storm dropped from 10 to 29 inches of rain across the mountains, leading to life-threatening floods and landslides,” he said Sunday.
Water systems have been impacted and some roads have washed away, hampering the ability for officials to set up food and water distribution sites.
“We have sent bottled water in, but we also have the Army Corps of Engineers that’s getting ready to start assessments today to see what we can do to help get those water systems back online quickly,” Criswell said.
“We’re also moving in satellite communications, Starlink satellites, into the area to help facilitate the lack of communication that part of the state is experiencing,” Criswell added.
(LOS ANGELES) — As calls grow for the Menendez brothers to be released from prison, the incoming Los Angeles County district attorney says he has a lot of evidence to review before showing his support.
Hochman questioned the motivation behind Gascón’s decision to support resentencing so close to the election.
“Part of the problem with the Gascón timing of his decision is there’s a cloud over that credibility. Is it a just decision, or was it just a political ploy?” Hochman said.
“There will be no cloud over whatever decision I do,” he added.
Gascón denied his decision was politically motivated, telling ABC News, “I believe that they should be released and they should be released cleanly within the law.”
“I base my decision in the review of 30 years of … information about their behavior, as well as a very thorough understanding of what they were convicted of and the elements of the crime,” Gascón said. “So my decision was appropriately based.”
The infamous case dates back to 1989, when Lyle Menendez, then 21, and Erik Menendez, then 18, shot and killed their parents, Jose and Kitty Menendez, in the family’s Beverly Hills home. The defense claimed the brothers acted in self-defense after enduring years of sexual abuse by their father, but prosecutors alleged they killed for money.
The first trial, which had separate juries for each brother, ended in mistrials. In 1996, after the second trial — during which the judge barred much of the sex abuse evidence — the brothers were convicted and both sentenced to two consecutive terms of life without parole.
As Gascón’s appeal for the brothers’ resentencing makes its way through the courts, Hochman — who is set to take office on Dec. 2 — said he plans to read through the new alleged evidence, trial transcripts, confidential prison files and interviews with family, lawyers and law enforcement.
“What these files say is too important an issue to delegate to somebody else. I need to actually do the work myself,” he told ABC News.
The next hearing in the resentencing case is Dec. 11. Hochman, a former federal prosecutor, said he’ll “work as expeditiously as possible,” adding, “If we need some additional time to formulate our position, I’ll ask the court for it.”
“I’m not going to ask for delay, just for delay’s sake,” he added. “We’ll ask for the minimal amount of time necessary to do this work, because we owe it to the Menendez brothers, we owe it to the victim family members, we owe it to the public to get this decision right.”
The brothers’ case was propelled back into the spotlight this fall with Netflix’s release of a scripted series and a documentary — and now a new generation is calling for their release.
“If you decide this case based on just reviewing a Netflix documentary, you’re doing a disservice to the Menendez brothers, to the victims’ family members, to the public,” Hochman said.
One path is through resentencing. Gascón announced last month that he was recommending the brothers’ sentence of life without the possibility of parole be removed, and 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, with the new sentence, they would be eligible for parole immediately, Gascón said.
The DA’s office said its resentencing recommendations take into account factors including the defendants’ ages, psychological trauma or physical abuse that contributed to carrying out the crime and their rehabilitation in prison. Gascón praised the work Lyle and Erik Menendez did behind bars to rehabilitate themselves and help other inmates.
The second path is the brothers’ request for clemency, which they’ve submitted to California Gov. Gavin Newsom.
The third path is their habeas corpus petition, which was filed last year for a review of new evidence not presented at trial.
One piece of evidence is allegations from a former boy band member who revealed last year that he was raped by Jose Menendez.
The second piece of evidence is a letter Erik Menendez wrote to his cousin eight months before the murders detailing his alleged abuse. The cousin testified about the alleged abuse at trial, but the letter — which would have corroborated the cousin’s testimony — wasn’t found until several years ago, according to the brothers’ attorney.
The next hearing on the habeas corpus petition is set for Nov. 25.
ABC News’ Alex Stone, Jenna Harrison and Ashley Riegle contributed to this report.
