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Ana Garcia is weighing in on the justice system.
After Lyle and Erik Menendez murdered their parents, Kitty and Jose Menendez, on Aug. 20, 1989, the nation became engrossed in what came next. After two trials, the brothers were convicted in 1996 and sentenced to two consecutive terms of life without parole.
Now, those sentences have a shot at being reduced, meaning Lyle, 56, and Erik, 53, could be free men.
Garcia sat down for a conversation with The Post and got candid on what the brotherβs future might look like β and whatβs standing in their way from freedom.
βThe District Attorney of Los Angeles [George GascΓ³n] has said he is recommending to a judge and filing paperwork to have the sentence reduced to 50 years to life,β the Emmy award-winningΒ journalist explained. βSo what does that mean? That means thereβs something in California called the youthful offender law. And it means, if you are under the age of 26 at the time that the crime was committed, you will be eligible for parole. You have an opportunity to be paroled.β
Lyle was 21, and Erik was 18 at the time of their parentsβ murders.
βSo if he can get the judge to change the sentence to 50 to life in prison, it kicks in eligibility for parole. And the district attorney saying he believes they should be released immediately, that they should be eligible for parole immediately,β Garcia elaborated. βThe question is what will the judge do? Because the judge could make a decision in real time and say, βOkay, Iβm reducing the sentence and Iβm recommending that they be paroled.’β
The βTrue Crime NewsβΒ host shared that the case would then go to the parole board.
They would βhave to have a full hearing,β continued Garcia. βAnd in California, you can have a hearing, which is basically have they been modeled citizens? Do they show that they have been rehabilitated? Do they show remorse? Would they be a threat to the community if they were released? And then there would be recommendations from the victimβs family, which also happens to be Lyle and Ericβs family.β
βPlus what the District Attorney thinks, what the public might think. And then the parole board has 120 days from the time of the hearing to render a decision. Paroles are also like a check from the governorβs office. So Governor Newsom could not do anything, meaning they get paroled or he could veto it, which is unlikely.β
Some of the factors that play into this case being at the forefront of the media include having supporters like Kim Kardashian champion the siblings and their well-known attorney, Mark Geragos, who also defended Scott Peterson, who was convicted of the 2002 killing of his pregnant wife Laci Peterson and their unborn son Connor.
Another huge factor is the City of Angels itself.
βThis case is so unique to California,β Garcia mused. βFrom the beginning, itβs been so California, so L.A. I mean, itβs Beverly Hills. Itβs millionaires. Itβs the entertainment community. Itβs everything that it is to be wealthy and privileged in Los Angeles. Big media trial β really big, like at the forefront of media trials and then the circumstances around it. How they conducted themselves after the murders. Oneβs an Ivy League and the other one wanted to be a professional tennis player. This is the lifestyles of the rich and the famous on trial.β
βAnd so, then you put in our extremely progressive, liberal current district attorney who is facing a very harsh reelection, who believes in reform,β the news anchor admitted. βThat this is what he considers reform. Thereβs one avenue also thatβs being played right now by Mark Geragos. So, his third move here is going directly to Governor Newsom and asking for clemency. That doesnβt mean that he would absolve them of the crime. It just means that he would have the power to petition the governor. And lots of criminals do that. He would have the power to say, βOkay, Iβm commuting your sentence. You are released immediately.’β
As for the likelihood of that happening? Garcia said, βThatβs a possibility.β
βIs that going to happen in this political landscape? Thatβs the part I donβt know,β the podcast host confessed. βPersonally, I think the wisest thing is to let this move through the courts, have a hearing, make that as public as possible β whether itβs the hearing on the reduction of the sentence or the hearing on the habeas corpus and the new evidence. I want them to be public. I want everyone to hear both sides of the argument. I think we should have testimony from the victims family, the survivors. I think that would be really important. They should be as transparent as possible.β
The crime reporter noted that Geragos βhas three plates in the airβ right now. One of which calls for new evidence to be brought into play.
βNow, thatβs an entirely different way of looking at things because, in that case, theyβre basically saying the new evidence is the letter from one of the Menendez brothers to his cousin, whoβs now deceased, talking about the alleged abuse. [A] handwritten document that predates the murders by months. So itβs an independent document,β Garcia said. βAnd also, the member of the boy band Menudo, who says that he was sexually abused by Jose Menendez. So that judge could make a decision. That could be one of those decisions where the judge could say, βAll right. Iβm freeing you right now. Weβre dropping the chargesβ or could say, βLetβs have a new trial.β I donβt think anyone wants a third trial. I donβt think that serves any interest here.β
But she also acknowledged that there are βa lot of Deputy DAs who are against their release and their resentencing.β
βDistrict Attorney GascΓ³n, when he originally said that he was looking at the new evidence in the case, he originally said, βI am not going to make a decision until after [the] election.β And then last week, boom, itβs like a race everyone is running. Itβs breaking news. Heβs making an announcement and heβs doing it before Election Day. What happened? Whatβs the emergency? What itβs like thereβs no emergency in this case. So, I do believe because he is behind in the polls,β Garcia expressed. βI believe that this was politically motivated on his part, perhaps for one or two reasons. One, to help his election, or two, if he really believes that the sentencing should be reduced and he wants to do this while he is still elected and in power, heβs got to do it. Letβs say if he loses the election, heβs got to do it and get this done before his term is over. So one of those two reasons could be what pushed it up or maybe even both of them.β
If Lyle and Erik are given a second chance at life, the journalist knows how she would want the siblings to spend it.
βYou know what Iβd like to see them do?β Garcia stated. βIf they get a second chance at life, I want them to do good with it. I want them to take everything that theyβve learned and champion this cause for others. I want them to make a difference in this world. I think that would be the greatest gift. And the truest sense of rehabilitation is to turn around and do something good not for themselves but for others. And, if they can dedicate their lives to service for the betterment of other people, that I think is the best outcome. However, if they decide to pick up their life where they left off with the shopping for the Rolex and the Rolls Royce and the partying and all this β I hope not.β