Menendez: If I Could Hold a Press Conference

Image from the 2024 Netflix documentary “The Menendez Brothers”. (Full disclosure: I’m in it.)

I wish I could hold a press conference like Los Angeles District Attorney Gascón does when he’s overwhelmed with inquiries about the Menendez case. I’ve received more media requests in the past 30 days than I have in the previous 30 years! I’ve responded to many of them, but for now I have retreated into my introverted comfort zone to write out my thoughts. It’s hard going from no one wanting to know what I think to everyone wanting to know what I think!

If I could, here’s what I would say:

Who am I?

For those who don’t know me, I was Juror #9 on the first Erik Menendez jury. There was a separate jury for his brother Lyle, and they both ended in mistrials. Our jury was split directly along gender lines, with six women voting for manslaughter and six men voting for murder. Lyle’s jury was differently, but similarly, split. I describe deliberations at length in my book Hung Jury: The Diary of a Menendez Juror.

What’s going on?

After nearly 35 years behind bars, serving a life sentence WITHOUT the possibility of parole, the brothers now have a chance of being paroled after all. The DA, in his October 24 press conference, announced his recommendation that they be resentenced according to modern guidelines.

What is my reaction to the DA’s announcement?Resentencing

I expected the DA to recommended resentencing, and he did. That’s better than recommending against it! I still hope for resentencing over a new trial, which would be costly, painful, and nearly impossible 30 years later.

Verdict

I was disappointed, though, that he doubled down on murder being the correct verdict. He admitted that the final decision had not been made until just before the press conference. I still believe it should have been manslaughter and it sounds to me like he personally agrees. I believe keeping the murder verdict in place was to appease those who could nix the resentencing. Kind of like when legislators add riders to a bill and you either have to veto the whole bill or accept the riders.

Politics

So it was a political decision, but maybe not in the way people think. Gascón is behind in the polls and some say it’s a Hail Mary pass to try to win the impending DA election. The brothers have a lot more public support these days than ever before, but there are still plenty of folks — including those inside the DA office — who think they should rot in jail. I’m no mind reader, or politician, but I think Gascón is trying to do the right thing while he can before he loses the power to do so.

The original murder convictions, after all, were also politically motivated in that the DA office was on a high-profile “losing streak”, feeling the pressure to convict, and “needing a win”. I disagree that the prosecution ever proved that the killings were “clearly planned”. Most of their evidence involved circumstances with more than one possible explanation. It was the prosecution’s burden, after all, to prove the elements of murder, not the defense’s burden to prove abuse. Half of both juries had reasonable doubt in the first trial, where we heard ALL of the evidence. The second trial was engineered by the judge and the DA to guarantee murder convictions, in part by withholding much of the defense evidence from the jury.

Possible New Sentence

The new sentence, for the murder of two people — if the judge agrees — is 50 years to life WITH the possibility of parole. Which is better than the brothers’ current sentence of life WITHOUT the possibility of parole, but certainly not as good as manslaughter and being released immediately with time served.

The brothers are what has become known today as “youthful offenders” who committed their crime under the age of 26. Therefore they, having served nearly 35 years— if the judge agrees —will be immediately eligible for parole, which is a whole process unto itself.

Possible Parole

Erik and Lyle are considered to be excellent candidates for parole. Their remarkable “paths toward rehabilitation” and contributions to their prison community, despite never having had hope of their own parole until now, are detailed in this 57 page sentencing memo dated October 24, 2024. But it’s another hoop to jump through, and who knows what else could happen, or when.

I agree with p. 48. that, “a sentence of life without parole is no longer in the interest of justice,” and that, “Erik and Lyle Menendez’ positive transformation, as well as their ability to find meaning and purpose from their current confinement illustrate just how much circumstances have changed since they were sentenced to Life Without Parole.”

Message to Supporters

Don’t lose heart! All the pieces are in place for a Menendez Miracle. It’s taking longer than we hoped for, but miracles do happen! (The Menendez Miracles)

I am hearing that the judge has the power to reduce the verdict and sentence to manslaughter and time served, and if that is true, please let it be so.

Although society has matured, along with Erik and Lyle themselves, many are still stuck in the mindset and prosecution-biased information rut of the 1990’s. All we can do is to continue educating ourselves and spreading the truth to others so that when Erik and Lyle are finally freed, the world will appreciate and be kind to them.

ResourcesThe Menendez Murders Flow Chart What’s your verdict?Enough is Enough: The Menendez Tapestry4-min videoHazel’s Top Menendez Media PicksBooks, Documentaries, Dramatizations, Podcasts, WebsitesComplete First Trial Courtroom VideosWatch for yourself on CourtTV.com.(The corrupt second trial was not televised.)Menendez Juror Website More resources______________________________________________________Hazel Thornton is an author, genealogist, and retired home and office organizer.
Hung Jury: The Diary of a Menendez Juror What’s a Photo Without the Story? How to Create Your Family Legacy Go With the Flow! The Clutter Flow Chart Workbook Feel free to link directly to this post! Click here to ask about other uses.Copyright 2024 by Hazel Thornton, Organized for Life and Beyond

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