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As Thomas Buckley of the California Globe reports, Los Angeles County DA George Gascon seeks a new deal for Lyle and Eric Menendez, sentenced to life in 1996 for the shotgun murder of their parents. Buckley sees it as a desperate political move by the unpopular Gascon, trailing Nathan Hochman by a wide margin, but the enabling dynamics are worthy of note.

California Penal Code 3051 mandates that criminals under 26 at the time of their offense, who have served 25 years, are entitled to a parole hearing. Age 25 is a high bar for  “youthful offenders” but California takes it to another level. Any criminal under age 16 could murder his  whole family, be tried only in juvenile court, and gain release at age 25.

That is due to Senate Bill 1391, signed by Gov. Jerry Brown in September of 2019. That came during a hearing for Daniel Marsh, who at age 15 murdered and mutilated Oliver Northup, 87, and Claudie Maupin, 76, in their Davis home. The autopsy report runs more than 6,000 words. Brown met with members of their families and claims their opposition to SB-1391 “weighed on me.” He signed it anyway, claiming that the legislation “seeks a path of redemption and reformation wherever possible.”

As this author noted in A Shut and Open Case, there have been several attempts to retry Marsh, once allowed to give a TED talk from prison. Sentenced to 52 years to life in 2014, Marsh is eligible for a parole hearing in 2037. Prosecutor Michael Cabral told the victims’ families he planned to be there.

George Gascon has barred prosecutors from attending parole hearings, and he clearly wants to see the Menendez brothers released. During their time in prison, Gascon believes, the murderers have been on “a journey of redemption and rehabilitation.”