The fate of the Menendez brothers hangs in the balance with incoming Los Angeles County District Attorney Nathan Hochman poised to take office the first week of December.
In the two weeks leading up to the Nov. 5 election, sitting DA George Gascón announced his recommendation for the resentencing of Lyle and Erik Menendez after having spent 35 years in prison for the 1989 murders of their parents, Jose and Kitty Menendez.
But Gascón's re-election bid proved unsuccessful and he was ousted by the former federal prosecutor who hasn't yet revealed his position on the infamous brothers.
"Once I take office on December 3, I look forward to putting in the hard work to thoroughly review the facts and law of the Menendez case, including reviewing the confidential prison files, the transcripts of the two trials and the voluminous exhibits, as well as speaking with the prosecutors, defense attorneys and victim family members," Hochman said Monday, according to DEADLINE.
California Gov. Gavin Newsom said Tuesday he will wait for Hochman to complete his review of the case before deciding on clemency for the Menendezes.
"The governor respects the role of the district attorney in ensuring justice is served and recognizes that voters have entrusted District Attorney-elect (Nathan) Hochman to carry out this responsibility," Newsom's office stated, according to CNN. "The governor will defer to the DA-elect's review and analysis of the Menendez case prior to making any clemency decisions."
The brothers were previously scheduled for a resentencing hearing Dec. 11, however that could change pending Hochman's decision. Based on the incoming DA's recommendation, a judge could downgrade the brothers' first-degree murder convictions to manslaughter, and such a move could pave the way for them to walk free.
The siblings, who were 21 and 18 at the time, murdered their parents at their family's lavish Beverly Hills home. Erik initially claimed unknown intruders were responsible for the murders as a potential mob hit, but in the midst of the investigation, suspicions grew after the brothers began to blow through their multimillion-dollar inheritance.
During a recorded session with his psychologist, Erik later confessed to the killings and he and Lyle were arrested months later.
The brothers used shotguns to kill Jose and Kitty. They claimed they did it out of self-defense because they were sexually abused by their father.