Erik Menendez’s lawyer is pleading with California Gov. Gavin Newsom to release him immediately after the convicted-killer-turned-Netflix-star was hit with a serious medical condition.
Menendez’s health issue is apparently so serious that his lawyer wants him freed ahead of next month’s parole hearing, TMZ reported.
“Erik is having a serious medical condition right now,” said Attorney Mark Geragos on TMZ Live, adding that he didn’t want to violate HIPAA to reveal the issue.
He added: “I think if there was ever anybody that should be furloughed, especially right now, a month before the hearing, it’s Erik.”
When asked if the condition was life-threatening, Geragos simply replied, “hopefully not.”
“He’s being treated right now, I’ll leave it at that,” Geragos said. “It’s a serious condition, and he needs I think to be out.”
Releasing Menendez would be the only “fair and equitable” solution to ensure he has the best shot at appearing at his hearing in good health, Geragos said.
Menendez, 54, and his brother Lyle, 57, were initially sentenced to life in prison without the possibility of parole for the 1989 murders of their parents, Jose and Kitty Menendez. Celebrities and true crime fanatics alike began calling for their release following the Netflix docuseries, which revealed the extent of the sexual abuse they claimed to have suffered at the hands of their father. Some argue that the brothers should be granted a retrial and given a reduced sentence under California law for youthful offenders.
The Menendez brothers were resentenced in May to 50 years to life in prison, which makes them eligible fore parole. The imminency of their parole is set to be discussed at their next hearing, which will take place on Aug. 21 and Aug. 22.
Newsom said that he will decide whether the brothers are suitable for parole by Labor Day. Although the parole board initially recommended their release, the governor has the final say.
Newsom discussed the case on Sunday with Ryan Murphy—creator of the controversial Monsters: The Lyle and Erik Menendez anthology series for Netflix—on the governor’s podcast, This is Gavin Newsom.
He said that he has intentionally avoided watching the Netflix series to prevent any outside influence on his judgment.
“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,” he said. “I don’t want to be persuaded by something that’s not in the files.”
Before the brothers can be eligible for release, a team of forensic psychologists must conduct individualized risk assessments on each brother.
Newsom can grant both brothers clemency at any time.
