← Drop Dead Serious With Ashleigh Banfield
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- [00:00]
Unknown Speaker
Foreign.
- [00:04]
Ashley Banfield
Hey, everybody, I'm Ashley Banfield. This is Drop Dead Serious and wow, the bonus episode. I always promised that I'd drop. And I tell you, please subscribe so you don't miss these. I have one here. And it's all about Eric and Lyle Menendez. Because there is breaking news tonight, y' all. A judge has dismayed the biggest ruling in this case in decades. Eric and Lyle Menendez actually have a shot at freedom right now. Like a big one. Like not just, you know, let's talk about the possibilities. No, the judge actually said they have a right to be re sentenced. Okay. It means a ton. It means a ton because the judge said 50 to life instead of life, no parole. Okay. Life, no parole means toe tag parole. You're not leaving the prison unless you got a tag on the end of your toe and you're being wheeled out in a box. But 50 to life means 50 years to life and maybe parole at 50 years. So. Well, that would mean at least another decade and a half. Right, Because Eric and Lyle have been there for 35 years or so. No. Why does that mean they get parole now? They haven't served 50 years. They're still 15 years away from 50 years because of a new law in California, a Youthful Offender Act. And a Youthful Offender act said that people who were sentenced, youth who were sentenced to life, no parole, youth up to the age of 26 should have the opportunity for earlier parole. And Eric and Lyle Menendez were under the age of 26. So they benefit from the Youthful Offender act. And it means they can qualify for parole right away for 35 years. Eric and Lyle have sat behind bars, rarely showing much emotion in court since the trial. Right. But today, that all changed. It started with a crack in the courtroom armor because a soft smile came from both brothers at a moment where a retired judge named Jonathan Colby was in court talking about his golden retriever. Why? Because those brothers had been part of, like, a pet program in the prison. And that retired judge, they had a dog that was part of that program. That judge actually brings the dog with him when he volunteers at the prison. And Eric and Lyle have met the dog more than a few times. And then came something even more rare. Actual tears. Lyle Menendez appeared to wipe his eyes as Honore Brown, a former inmate and now successful rapper who I've interviewed about this case. He took the stand and Brown got emotional, talking about the Menendez brothers and the impact those brothers had on his own life. He said if it wasn't for them, he would still be in prison, still lost, still making, quote, stupid decisions. But instead, he's out. He has kids, he has a music deal. He's got a job working with the naacp, helping former inmates reintegrate into society. And he says it is all thanks to the Menendez brothers. What's amazing here is that Honore Brown also got out under the new statute, the Youthful Offender Law. He benefited from it. And he benefited from it because the Menendez brothers taught him about it. And so he even joked that he didn't go to college. He went to, quote, Menendez University. Brown's testimony came after retired Judge Jonathan Colby, who used to oversee felony cases, told the court that meeting the Menendez brothers changed how he views rehabilitation. That if he were still on the bench today, he said he would make different decisions. And the prosecutors pressed him on it, asked him if he'd apply that same logic to the crimes the brothers committed. And former Judge Colby said he wouldn't go there. He actually deferred to the current judge on the bench in this courtroom, Judge Jessick. And yes, they brought up the past. The prosecutors reminded the court about the past allegations of attempted perjury during the trials, and even Lyle's possession of a contraband cell phone while in custody. But none of that stopped the judge from. From making his ruling. Judge Michael Jessick said he is not releasing the brothers today, but that he is declaring them eligible for parole, which means that the decision is now in the hands of the parole board and ultimately the governor. Either one could make the decision right away. Right? So if the parole board makes the decision, then the governor has to sign off, but the governor could just jump ahead and order clemency himself. The judge said it is not happening today, quote, but he made it very clear he's not saying that they shouldn't be released. He even said that he was moved by the letters from prison staff officers who worked inside the facility. These officers wrote in in support of the brothers. And just before Judge Jessick made his decision, Eric and Lyle both addressed the court. And Eric and Lyle did not hold back. Lyle Menendez came clean and admitted so much. Let me read. On August 20, 1989, I killed my mom and dad. I make no excuses. I take full responsibility. The choice to point a gun at my mom and dad and shoot them. The choice to run and lie, and after my arrest, the choice to make a mockery of the legal system. He called his decision to buy the guns, quote, illogical, and said today, 35 years later, I am deeply ashamed for who I was. Sitting in that jail. But he also talked about redemption. I try to live a life now that makes amends for the harm I caused. I look forward to being able to reunite with my extended family, end quote. And Eric Menendez echoed the same thing. I have no excuse, no justification for what I did, and there's nothing that makes it less wrong. Wrong. End quote. He said plainly, quote, I bought guns. I bought ammunition. I fired all five rounds at my parents, end quote. And then he reflected, quote, I had to stop being selfish and immature and really feel what my parents must have gone through on August 20, 1989, end quote. And finally, this promise, quote, for the rest of my life, whether inside or outside prison, I will not stop working to make a difference, end quote. So now the waiting begins. The parole board is scheduled to decide what happens next. A meeting. June 13th. I mean, that's exactly one month from now. I'm recording this on May 13th, Lyle and Eric get their meeting with the parole board.
- [06:31]
Alexandra Kazarian
I'm joined now by one of the brothers, attorneys, and a familiar face on this program, Alexandra Kazarian. Alexandra, thank you for being with us. So what. What happens next? Now, I think a lot of people were expecting the brothers to just walk out today.
- [06:46]
Unknown Speaker
That would have been fun. That would have. I would have brought them right here with me. Well, I guess probably we wouldn't come here because this is my office. We'd be coming to you live somewhere fun, right? Yeah. No, we've got a hearing coming up on June 13th. We'll see what happens there. It may be converted into a parole hearing. We'll see. I'm not. I'm not exactly sure what is going to happen on that day, but we've got a hearing scheduled for the 13th, so let's see. Fingers crossed. You know, this was the first step in a. In a long journey, but it was great. I guess it wasn't the first step, but it was one step in a long journey, and. And we're on our way. It's really exciting.
- [07:24]
Alexandra Kazarian
So, Alexandra, it's a parole board, from what I've read, and also the governor, who will now make the final decision. Is there any indication, I'm sure you guys have done research with this parole board, how they're feeling, which way they're leaning. Like, do we have any clue of what they might be thinking?
- [07:42]
Ashley Banfield
I'm.
- [07:42]
Unknown Speaker
I'm not inside anybody on the parole board's head, but I can tell you, if Eric and Lyle Menendez are not suitable for parole, then nobody is. I mean, they are literally Today, I know you guys didn't have cameras in the courtroom, but Mark Garagos was telling the court that when you read the law of resentencing, it reads like the Menendez brothers case. It looks like somebody took the Menendez brothers and wrote a law that should apply just specifically to them. So they are suitable for parole. I can tell you that right now they are ready to be paroled and it's just a matter of, of getting to that hearing.
- [08:24]
Alexandra Kazarian
Yeah. And you mentioned cameras were not allowed in the hearing today, which is why we can't see it or hear it for ourselves. But the. But, but the brothers did speak. What did they. What's a little bit of what they said and how are they feeling tonight? I imagine this has got to be emotional for them.
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Unknown Speaker
Yeah. Their statements, there wasn't a dry eye in the room. Everybody was crying. They both did what they've been doing for years, which was expressing real sincere remorse for their actions to talking about how they understand what they did and how devastating it was to their entire family. They thank their families for all the support that they've given them. And they were, it was just very, very deep, very moving, very personal statements about the insight that they have into their crime and in. And about the rehabilit rehabilitation that. That they've gone through in this last 35 years.
- [09:27]
Alexandra Kazarian
Were you surprised that the prosecution didn't call any witnesses? Cuz I was just thinking, I mean, they've had these big press conferences and made such a big deal about this entire thing, and then to not even call a witness, was that unexpected?
- [09:42]
Unknown Speaker
No, it was not unexpected. I knew what was happening. Mark knew what was happening. Our entire team knew what was happening. I think that they were hoping, honestly that we wouldn't get to this point because they knew that there wasn't a single witness that they could call. There was not one single witness that would ever get on the stand and testify that Eric and Lyle Menendez are not suitable for, for parole, that they don't have insight that they've done anything untoward. I mean, their biggest argument is that they had a cell phone in jail. I can promise you that. If I went to jail or prison in the 90s and now in the era of TikTok and Instagram, if somebody gave me a cell phone and told me that I could have access to that kind of world, do you think that anybody in their right mind would say, oh, no, sorry, no, thank you. I mean, it's just, it's absolutely ridiculous that they really have been arguing this entire time that Eric and Lyle Menendez are likely to commit a super strike because they possessed a cell phone in jail. There's no witness that they had that could come in and testify to their arguments that they were making. And, you know, I think that the DAs that were in court were told that they had to argue certain things, and they tried their best to do it. But, no, I was not surprised.
- [11:04]
Alexandra Kazarian
Yeah, I mean, listen, I've done a lot of stories. A lot of. A lot of inmates have cell phones in prison. I think in jail, I think a lot of people would be surprised. There's a whole thing that goes on where the way they get the cell phones in through the guards and stuff. So that didn't really surprise me. But listen, regardless of how people feel about this case, you guys have worked hard, and this is a huge win for you. So congratulations to the legal team. Alexandra Kazarian. Appreciate you coming on tonight. And we'll be watching very closely at the parole hearing to see if you guys are able to cross the finish line here.
- [11:35]
Ashley Banfield
What we do know is, for the first time, the Menendez brothers may actually have a real shot at walking free again. And that is because this parole has already written so favorably about these brothers. They have filed those reports with the court. Even the family of Lyle and Eric said there was nothing in those reports that. That scared them, that upset them, that thought, oh, damn, that'll really hinder our case. Nothing at all. They said the reports were great. They weren't worried about them. So if those parole reports are great and if the parole board says yes, then Governor Newsom will have the case on his desk, and he can say no. He did it before Sirhan Sirhan. He said no, even though the parole board said he's fine, let him go. He qualifies. He's done his thing. He's done his time. He's done it right. Newsom said no. Politically. It was just, who wants to let the shooter of Bobby Kennedy out? So the question becomes, will Gavin Newsom feel the same way? Who wants to be the one who let the Menendez brothers out? Will he feel the same way if when that ends up on his desk? I don't think so. And I don't think so, because the governor has already jumped ahead and taken action, and he has requested a parole board report. Governor didn't have to do that. The governor didn't have to say, hey, send me something on these guys so I can check out clemency. He could have just stood back and waited for the court system to play out. And if he got the case on his desk, he could decide then quietly, you know. But this is a political calculation and everybody thinks that Governor Newsom wants to run for president at some point. So how many people is he going to piss off if he says yes? How many people is he going to piss off if he says no? The drama just keeps getting bigger. But wait for it, because we are just weeks away, four weeks to be exact, from a parole board hearing. And oh please, oh please, oh please, let it be televised. Thanks everybody, for listening. Thanks, everybody for watching. And again, I'm so glad if you caught this bonus episode. Make sure that you're subscribed because I do this all the time. I just go a little crazy and I drop a bonus episode. And I don't want you to miss them. And if you're subscribed, you won't. I also love hearing from you. Want to hear the comments? Tell me where I'm wrong, Tell me where I'm right, Tell me what you like, tell me what you don't, you know, and leave something. If you're watching on YouTube or if you're listening, you know, to a podcast, I love to hear your thoughts. So leave something behind for me, would you? And please remember this one thing. The truth is not just serious, it's drop dead serious.