About a month from now, Gov. Gavin Newsom will have to make a final decision on whether or not the Menendez brothers are suitable for parole.
Ahead of a California parole hearing on Aug. 21 and 22, the California governor Sunday discussed the case with Ryan Murphy, creator of “Monsters,” a Netflix series on the infamous brothers, on his podcast, “This is Gavin Newsom.”
As Newsom is being asked to commute the life-without-parole sentences for the brothers, who were convicted of the shotgun murders of her parents in the 90s, the initial clemency hearing will now happen alongside the parole suitability hearing in August.
While revealing that Murphy had told Newsom that he was making a show about the Menendez brothers before it came out, Murphy said conversations on social media made him aware that people would be very interested in the case of the Menendez brothers.
“And you start talking to me about this, and you all but said ‘I’m sorry,’” Newsom said. “And I didn’t fully appreciate how right you were to be sorry.”
After premiering in September 2024, Murphy’s show renewed public attention and push for the brothers’ resentencing to 50 years to life in prison.
Newsom had said he has not watched the popular Netflix series as he did not want other factors to influence his decision.
“I kept having a temptation to want to see it, but with the recognition always in the back of my mind that this thing may land on my desk,” Newsom told Murphy. “I don’t want to be persuaded by something that’s not in the files.”
The award-winning showrunner behind “The American Horror Story” also joked that Newsom would be able to watch the series over Labor Day, as the parole board’s decision will be made by the end of August.
“I’m going to see if I made the right decision,” Newsom replied with a laugh.
On Sunday’s episode, Newsom also explained that “well-established criteria,” including in-prison behavior and psychiatric evaluations, determine the inmate’s suitability for parole.
At their lunch, Murphy had told Newsom that he was against the release of the brothers but now has changed his mind after being educated by other actors and writers throughout the making of the show.
“I really do think they should be released,” Murphy said. “I was astonished at how I went into something with such a predetermined point of view and came out of it at the end of it thinking.”
He said that he’s been moved by the unification of the family, as well as the behavior of the brothers in their over 30 years in prison.
“If not now, when? What benefit to society do we have by keeping them there if they can come out of prison and actually serve some good? I think that’s a powerful thing.” Murphy said.
“The flip side is I’ve had people say, ‘What good can come from sending a message that you can kill both of your parents and be released?’” Newsom replied.
He added that a lot of other inmates don’t receive the same resources the Menendez brothers have from that derives from notoriety, including famous advocates making phone calls or even having the opportunity to get in front of the parole board.
Newsom said, at the same time, some people granted parole have committed even worse acts and have spent less time behind bars.
“It’s a very slippery slope, and it’s a really hard road, and I feel for you,” Murphy said.
The governor also discussed other notable parole cases, including Leslie Van Houten and other followers of Charles Manson. Newsom’s rejection of Van Houten’s parole recommendation was overruled by a state appeals court in May 2023.
“The last rejection was overturned by the court that felt we were abusing our discretion in our parole office, and they’re tough,” he said.
Houten’s lawyer said in May that it could be tough to get Newsom’s signature on the Menendez brothers’ release even if the brothers are granted parole at their hearing.
With the power to override the parole board, the decision ultimately falls on the governor to approve or deny the pair’s parole.
“That’s heavy stuff,” Murphy said.
The process of Erik and Lyle’s resentencing began in October, and their sentences were reduced to 50 years to life in May, making them eligible for parole. Despite their eligibility, they cannot be released from prison without the parole board’s approval and the governor’s review.