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UPDATE - On October 24, 2024 George Gascon held a news conference surrounding the Menendez brother's case.
On this date Gascon recommended that the Menendez brothers be granted a new Superior court hearing surrounding a re-sentencing hearing. Both brothers had received prison sentence's of Life Without the Possibility of Parole. Gascon stated that he would recommend a prison sentence change to 50 years with the possibility of parole for both brothers. Gascon believed that “both brothers have paid their debt to society”. The brothers have been behind bars for nearly 35 years. During their incarceration period they have been involved in many positive programs and have obtained various college degrees.
Gascon also stated that both brothers have remained disciplinary free except for one minor infraction when Lyle was caught with a cell phone.
Also during Gascon press conference Gascon mentioned that the killings of their parents by both Eric and Lyle Menendez were premeditated.
After the Gascon press conference the attorney of record for the Menendez brothers Mark Geragos stated to the news media that 1. He was going to request a habeas corpus ( new trial ) based on new evidence , a letter discovered not dated where Geragos stated it was written by one of the brothers to his cousin which implies that he was in fear of his father and statements made by a band member who stated that he had been molested by Jose Menendez. 2. Geragos also wanted the charges of Murder reduced to Voluntary Manslaughter.
Within the state of California Manslaughter is the unlawful killing of a person without malice or premeditation. It's a serious crime, but less severe than murder, which requires malicious intent.
Let’s take a moment to look at what defines Voluntary Manslaughter. Occurs when someone kills another person in the heat of passion or during a sudden quarrel. It can also occur if someone kills another person based on an honest but unreasonable belief in the need for self -defense.
By George Gascon's own statements during his October 24th press conference both Menendez brothers killed their parents and the killings were premeditated. Thus, Gascon own statements put the nail in the coffin surrounding the reduction of the charge of murder to Voluntary Manslaughter.
Nathan Hochman was elected as the new Los Angeles County District Attorney and he stated that he would conduct a complete examination and review all of the court records to and include files , transcripts of two criminal trails and conduct interviews with all available police personnel and witnesses associated with the Menendez case. Hochman also stated that he would sit down and meet with all of the Menendez family members.
After Hochman and members of his staff completed the extensive review of all the documentation Hochman held a news conference where he stated that he opposed the habeas corpus request. He also stated that he would soon come to a decision surrounding the request made for re-sentencing.
During Hochman's press conference he presented step by step his explanation for his opposition for the habeas corpus. (can be viewed on the LA.Co. DA web site). Hochman relayed how the brothers at no time made mention of the so-called new evidence letters during their two court trails. Hochman also stated how the brothers wanted their then girlfriends to lie during their court trail and state that their father had raped them. Hochman also noted that at no time did the brothers tell their psychologist that they had been sexually molested by their father even after they admitted to having killed their parents.
On March 20th and 21st 2025 are the dates that are now set for the Menendez brothers re-sentencing hearing at the Van Nuys Court House. It is anticipated that both of the Menendez brothers are going to be present at this hearing.
Now we have California Governor Gavin Newsom talking about granting clemency for both of the Menendez brothers.
Just this past week Governor Newsom stated that he was going to have the Parole Board conduct a Risk and Need Assessment for the Menendez brothers.
Now let me explain the California Department of Corrections and Rehabilitation (CDCR) policy and procedures.
Once an individual is received into a California state prison system an assigned correctional counselor completes a classification score. This is completed only after the counselor reviews the complete file which includes court commitment offense papers, probation pre-sentencing report, police reports, any documentation which notes physical and or mental disabilities or concerns, medications and complete physical examination findings after their arrival at the prison facility. History of violence and or gang affiliation is also taken into consideration. The overall classification score will help determine which prison the inmate will be assigned and or transferred to.
This is the policy of those inmates who have been sentenced to life terms with the possibility of parole.
These inmates are referred to as lifers. When one of the lifers are being considered for parole the prison facility sends a formal request to one of the Parole Regional Headquarters requesting comprehensive parole plans on the inmate being considered for parole. Now CDCR is known for changing policies on a case-to-case basis. Example in point: It has always been the policy that CDCR does not house co-defendants in the same prison facility. Now we know that this policy was violated and or broken when they allowed both of the Menendez brothers to be housed in the same prison facility. Also, what changes from time to time is that the inmate is to parole to the county of last legal residence. Then CDCR may change the policy stating parole to the county where the criminal offense took place.
Then we have the interstate compact cases. This is where an inmate wants to parole to a location that is located outside the state of California.
Once a parole agent has been instructed to complete a comprehensive investigation for a lifer being considered for parole the parole agent must contact the location where the inmates wants to reside once released on parole and make face to face contact with the residents who reside there. Questions to be asked and or investigated, employment and or enrollment in an educational program. Referral for psychological assessment. Assist the inmate once he/ she is released on parole with assistance with transportation. The parole agent must write and explain how CDCR and the Division of Adult Parole and Community Service Division is is going to assist the released inmate in making a successful reentry into the community. The parole agent then submits the comprehensive written report which includes Conditions of Parole and a Risk and Needs Assessment to the Parole Unit Supervisor. The Parole Unit Supervisor then submits the completed comprehensive report to a Parole Regional Administrator who then sends it off to CDCR Headquarters in Sacramento. They in turn send it off to the Governor’s office. The Governor’s office then sends it off to the Parole Board.
This is yet another example of how Governor Newsom lacks the knowledge and understanding of how CDCR operates. Review LA. Times article, California section 02/27/2025. Again, I state that Parole Board members don't complete the Risks and Needs Assessments. Can you just see a Board Member going out and conducting in person interviews with various individuals who have input on the Menendez brothers. Questions which need to be addressed, where are they going to reside and with whom, means of employment, means of support and so on. Can Risk and Needs Assessments give one an indication if the released inmate is going to reoffend? If the Risk factors scores are low then that can indicate that the probability of reoffending is low. The same can be stated if the Risk factors score are high then there is more indication of the inmate was released on parole will reoffend.
Now the Menendez' attorney of record Mark Geragos has acknowledged that Lyle Menendez had possession of a cell phone. Geragos has stated that this is a minor offense. Not only did Lyle Menendez have possession of a cell phone once but he also had possession of yet another cell phone. This is a major violation of CDCR Directors Rules. Review news article Independent dated November 22nd , 2025. How many other times did Lyle Menendez have possession of other illegal cell phones?
Geragos has stated that Lyle Menendez having had possession of an illegal cell phone was a minor infraction. Did CDCR obtain search warrants to ascertain who Lyle was calling and how many times and for how long he had possession of the illegal cell phones. It is doubtful that search warrants were obtained.
Having possession of an illegal cell phone is a major infraction and violation of the Directors Rule. Once the illegal cell phones were confiscated a correctional officer will complete an in custody Rules Violation Report for misconduct known as a 115. As a result Lyle could have lost extended privileges, time loss or the matter could have been referred to the Parole Board for judication.
To give one an insight on how California inmates use their illegal cell phones. Review LA.Times article February 21, 2025. Inmate-ordered crimes and punishment. Three inmates already in state prison for the criminal offenses of murder had possession of illegal cell phones where they ordered crimes and killings to take place both within the various prison facilities and within the communities. All three inmates were recently found guilty of murder and other crimes in Federal court.
Also review LA. Times article dated January 29,2025, California inmate charged with running a vast crime network while housed in California State prison. The inmate Ronaldo Ayala was sentenced to death for the murder of three men. Governor Newsom had ordered Ayala removed from San Quentin Death Row to Centinela state prison. Ayala identified as a Mexican Mafia member with the use of illegal cell phones was able to run a major crime network to and include, murder , acts of extortion, major trafficking of illegal drugs and orchestrated other acts of violence. Ayala also conspired with members of the Sinaloa cartel in the distribution of methamphetamine. Ayala is now facing federal charges of racketeering.
Lastly please review LA Times article dated December 20, 2024, California inmate with the use of illegal cell phones recruited “wives “ to spread fentanyl across Alaska. Authorities allege that Sanchez Rodriguez imprisoned in California since 1998 developed one of the largest drug trafficking organizations in Alaska without ever setting foot in Alaska
Sanchez Rodriguez has pleaded not guilty to charges of trafficking illegal drugs, laundering money, obstructing justice , carjacking, kidnapping and the order of the murders of two women. Sanchez while imprisoned at Salinas Valley State Prison ran from his cell his own drug cartel from Mexico to Alaska. When DEA tapped into one of Sanche'z illegal phones in 2023 it opened up a window on what an inmate can achieve from prison when he has a line to the outside and has no fear of incurring more time. Sanchez was last sentenced to prison for being an ex-felon in possession of a firearm his third strike offense.
Now one can see the seriousness of inmates having possession of illegal cell phones.
There is no sure way to predict that an inmate once released on parole will not re-offend.
A California inmate who served three decades in prison for the murder of his stepmother is released on parole only to kill again. Timothy Chavira age 57 entered a guilty plea to the murder of retired physician 76 year old Editha de Leon .
Scott Holland was released on parole after serving 11 years of his 13 year prison sentence for attempted murder. During his time in prison he became a mentor to other inmates and was involved with Walden House. It did not take long before Holland killed again. Dressed as a utility worker he knocked on the door of Kate Horan' Russian Hills apartment. He killed her and was subsequently charged with murder, attempted rape and robbery. He received a new prison term of 50 years.
Kendrick William Johnson was on parole for a non-violent criminal offense when he shot and killed LAPD officer Ricardo Lizarraga. Johnson was charged with murder with special allegations. He took his own life while housed in Los Angeles County Jail.
Zackariah Lehnen was convicted for a non-violent criminal offense possession of illegal drugs. When he was released from prison he was placed on non-revocable parole which means no supervision what so ever. .. He went on to kill two people , one being a 29 year old female and a 89 year old male a former POW. Lehnen was charged with torture and murder . He received a new prison sentence Life without the Possibility of Parole .Former military prosecutor and then Democratic California State Senator Ted Lieu stated in an interview , “ This was a perfect example of what goes wrong when you prioritize saving money over public safety “ , adding that Lehnen is an example of how the states system for sorting inmates by risks they can fail.
Frank Ruiz was on parole for Burglary and had been residing at the Ferndale Western Board and Care when he killed another resident . He then cut up the deceased male and placed his body parts in dumpsters which were located in East Hollywood. Ruiz was subsequently charged with murder.
Cecil Kuuipo Sagapolu was under parole supervision for vehicle theft and possession of illegal drugs. He was arrested and charged with the murder of his ex-girlfriend.
Tyson Tryee Smith on parole for a non-violent criminal offense Burglary 2nd. was arrested and charged with the attempted murder of two USC students.
Ka Pasasouk was under parole supervision for Vehicle Theft when he shot and killed four innocent people. He received a new prison sentence of Life without the possibility of Parole
Lily Burk was a 17 year old who had driven to Southwestern Law School to pick up some papers for her mother. She was kidnapped and killed by parolee Charles Samuel, Samuel had been under parole supervision for Petty Theft. He was charged with murder and received a new prison term of Life without the possibility of Parole.
Gregory Hampton who was on parole for possession of illegal drugs was charged with the murder of 49 year old Kristi Morales. Hampton stomped Morales to death . He received a new prison term of Life without the Possibility of Parole.
Governor Gavin Newsom has given input surrounding the release of inmates from state prison.
One such case is that of Sirhan Sirhan. Sirhan was convicted for the murder of Robert F. Kennedy which took place in 1968. Sirhan was 24 years old at the time. Initially he received the Death Penalty for first degree murder. His sentence was commuted to life when the California Supreme Court briefly outlawed capital punishment in 1972. Sirhan has been denied parole 17 times.
Sirhan is scheduled for another parole hearing in 2-3 years. Governor Newsom stated that Sirhan remains a threat to the public.
Please note that Sirhan at the time he killed Robert F. Kennedy he was 24 years old.
Now Attorney Geragos is asking that the Menendez brothers be released from prison and no longer held accountable for the brutal killings of their parents because they were under the age of 26 years.
What is good for one is good for all.
Remember that after the brothers shot their parents multiple times their mother was observed moving on the floor. They both exited from the house went to their car reloaded their shotgun reentered the house and shot their mother more times at close range.
(Caroline Aguirre is a retired 24-year State of California law enforcement officer, LAPD family member, community activist and Neighborhood Watch captain. Aguirre is a CityWatch contributor.)
