A California parole board is set to consider this week if Erik and Lyle Menendez should be released. However, their potential freedom relies on the approval of Governor Gavin Newsom, even if the board decides in their favor.

State law grants Newsom the authority to make the final decision on parole matters, presenting another challenge for the brothers, who have been incarcerated for 30 years following the 1989 killing of their parents.

This year marked the first time the brothers became eligible for parole when a judge reduced their life sentences to 50 years to life instead of life without parole.

In two separate hearings, the parole board will assess whether the brothers pose an “unreasonable risk of danger to society” if released.

If the board grants parole, the chief legal counsel has 120 days to review the case.

After that, Newsom has 30 days to affirm or deny parole under a law passed by voters in 1988. 

California and Oklahoma are the only states that allow the governor to veto parole grants, according to the American Civil Liberties Union. 

What has Gov. Gavin Newsom said about Menendez brothers case? 

In response to a clemency request, Newsom instructed the state parole board to evaluate the potential risk the brothers might pose. He highlighted that a significant consideration is whether they present an “unreasonable risk to public safety.”

The move was seen as a lean toward their freedom, but Newsom hasn’t directly addressed his potential decision. 

“There’s no certainty regarding the outcome,” Newsom noted on his podcast in February. “My office regularly conducts numerous clemency reviews. This process enhances transparency, which is crucial in this situation, and allows for a thorough review before any clemency decision is made.”

Last month, he hinted at the possibility of making a decision before Labor Day if the board recommends the brothers’ release, according to ABC News. 

Newsom said he has both approved and rejected decisions by the parole board, and that he was the “ultimate arbiter.”

Which notable parole approvals has Gov. Gavin Newsom reversed? 

Newsom has exercised his power to reverse parole board decisions hundreds of times while in office.

One of his most notable reversals was for Sirhan Sirhan, who assassinated Sen. Robert F. Kennedy in 1968. 

Even though a parole board found him eligible, Newsom blocked the decision.

“Despite years in custody, he has not resolved the issues that drove him to murder Senator Kennedy,” Newsom commented in a 2022 statement. “Mr. Sirhan lacks the necessary understanding to prevent repeating his past dangerous choices.”

Newsom also blocked parole for Leslie Van Houten, a follower of Charles Manson who was convicted in the 1969 killings of Leno and Rosemary LaBianca.

The parole board recommended Van Houten’s release in 2022, but Newsom said he had concerns about her rehabilitation and failure to adequately address her involvement in the Manson family murders. 

“Evidence shows that she currently poses an unreasonable danger to society if released from prison,” Newsom said at the time.

Van Houten was eventually released in 2023 after the governor said he would not fight a state appeals court’s ruling that said she should be granted parole.