Gov. Gavin Newsom Checking Menendez Brothers for 'Risk' to Public 1st Step to Possible Release

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ASSESSING THE BROTHERS

Governor Gavin Newsom is ordering an investigation into whether Erik and Lyle Menendez are fit to return to public life ... TMZ has learned, and he says it's a critical first step before he, or anyone else, can decide if they get out of prison.

This is a major, unexpected development in the Menendez brothers' fight for freedom. It seemed the Governor was going to take a back seat until the courts ruled on Erik and Lyle's fate, but all that has now changed.

The CA Gov. tells us, he's directing the Board of Parole Hearings to conduct a "risk assessment investigation" on the Menendez bros., which he says is their version of a "parole hearing" -- but before the Board weighs in, a "Comprehensive Risk Assessment" must be done.

L.A. County D.A. Nate Hochman Sexual Abuse History on the Table ... For Menendez Brothers Resentencing

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CONSIDERING ALL EVIDENCE
TMZ.com

L.A. County D.A. Nathan Hochman says he will consider evidence of sexual abuse at the hands of Jose Menendez when Erik and Lyle Menendez make their case for resentencing.

Hochman appeared Monday on "TMZ Live," and acknowledged the laws of government resentencing allow a judge to consider "psychological, physical, or childhood trauma, including ... abuse, neglect, exploitation, or sexual violence."

Hochman was adamant ... sexual abuse in no way calls Erik and Lyle's conviction into question, but it will come into play next month when the brothers ask a judge to resentence them to something less than life without parole -- which opens the door to a parole board freeing them.

Menendez Brothers Mark Geragos Calls Out D.A.'s Menendez Decision ... Trying To Reclaim '90s Law & Order Vibe

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The Los Angeles district attorney claims the letter detailing the alleged abuse Erik and Lyle Menendez faced at the hands of their father is fabricated and totally ludicrous ... this according to their attorney.

Mark Geragos -- a prominent defense attorney and the cohost of TMZ's "2 Angry Men" podcast -- spoke with NBC Boston about D.A. Nathan Hochman claiming the letter Erik allegedly sent to his cousin Andy Cano months before the Menendez brothers killed their parents might not be legit.

Listen to Geragos' comments for yourself ... he says the implication that Jose Menendez's sister Marta Cano and Kitty Menendez's sister Joan VanderMolen are lying about the letter -- they've testified to its authenticity under the penalty of perjury -- is BS, and totally unfair to the two women.

Erik and Lyle Menendez Cousin Rips D.A. ... You're Silencing Abuse Survivors!!!

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The family of Erik and Lyle Menendez is ripping Los Angeles County District Attorney Nathan Hochman ... saying he's opening old wounds and silencing survivors of sexual abuse with his latest comments on their case.

Anamaria Baralt, Erik and Lyle's cousin and niece of Jose Menendez, tells TMZ ... Hochman's dismissal of two new pieces of evidence related to sexual abuse is "abhorrent."

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NEW EVIDENCE IS SKETCHY

The D.A. held a news conference Friday where he said the Menendez brothers didn't deserve a new trial, even though they claim they have new evidence showing they were being molested by Jose before they killed their parents.

Erik and Lyle Menendez D.A. Says Brothers Don't Deserve a New Trial

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NEW EVIDENCE IS SKETCHY

The Menendez Brothers got a thumbs down from the L.A. County D.A. when it comes to getting a new trial based on new evidence.

L.A. County D.A. Nathan Hochman just announced his office will oppose the brothers' request for another trial based on 2 pieces of evidence -- a letter from Erik to his cousin purportedly written in 1988 where Erik discusses sexual abuse, and a declaration from a member of Menudo saying Jose Menendez molested him in the '80s. The D.A. says the new evidence does not change what happened when Erik and Lyle were convicted of murder.

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BRUTALLY ATTACKED
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Hochman says he did not hear the "2 Angry Men" podcast in which Erik and Lyle talked about how they've evolved in the 35 years behind bars.

Erik and Lyle Menendez Brutalized Behind Bars

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BRUTALLY ATTACKED
2 Angry Men Podcast

Erik and Lyle Menendez were viciously attacked in the early days of their time in prison, but their lives have radically changed since then.

The Menendez brothers appeared by phone on TMZ's podcast, "2 Angry Men" with Harvey Levin and Mark Geragos, who reps Erik and Lyle. They talked about how they survived and evolved in the 35 years they've been incarcerated.

Erik says he was violently attacked numerous times, but never fought back. He and Lyle were in separate prisons for the first 21 years behind bars, and Erik vividly remembers when he got word his brother had been viciously attacked and suffered a broken jaw.

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ERIK & LYLE TELL ALL
TMZ.com

They are clearly anxious about their re-sentencing hearing next month, where they will learn how they will spend the rest of their lives -- either as prisoners or free men.

Lyle Menendez's Ex-Wife Lyle Was Always Injured in Prison ... Kept Details to Himself

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Lyle Menendez was constantly injured during his early days in jail, his ex-wife says ... but, he kept a sense of humor through it all and never spilled on exactly what happened to him.

We spoke with Anna Eriksson -- Lyle's wife from 1996 to 2001 -- who tells TMZ she went to visit Lyle quite a bit when he was first incarcerated ... and, he was clearly suffering from a series of injuries when she saw him.

Eriksson says she once saw the white of his eye was blood-red ... and, another time he couldn't even walk properly. Anna says she sent Lyle new shoes but later noticed he was wearing some old ones she didn't recognize -- and, she believes the new ones were taken from him by force.

Erik Menendez I Was a Spoiled Brat ... 'I'm So Ashamed and Embarrassed'

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STRIVING TO BE BETTER
2 Angry Men Podcast

Erik Menendez owned his past by acknowledging he was a "spoiled brat" growing up, but things have radically changed.

Erik and Lyle Menendez were on TMZ's "2 Angry Men" podcast with Mark Geragos and Harvey Levin, and Harvey was blunt ... telling Erik when he covered their trial many years ago, his impression -- which was shared by many others -- was that they were spoiled brats.

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ERIK & LYLE TELL ALL
TMZ.com

Erik was clear ... guilty as charged, saying back then he thought he could mask his insecurities with expensive clothes and fancy cars. He went on to say measuring success by the stuff he acquired was ridiculous.

Menendez Brothers From Brutalized to Idolized ... Netflix Show Made Them High Profile Inmates

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Erik and Lyle Menendez may have been badly beaten and broken in their early days of prison, before falling into relative obscurity in recent years ... but, all that changed when Ryan Murphy and Netflix got involved with their story.

A source in the California Department of Corrections tells TMZ ... when "Monsters: The Lyle and Erik Menendez Story" came out in the fall, the brothers became high profile inmates again.

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EDUCATING THE MASSES
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We're told their prison pod was buzzing with excitement when it looked like they were definitely getting out of prison, when former Los Angeles County District Attorney George Gascón was still in charge ... though the November election of Nathan Hochman has dampened the celebratory mood.

Menendez Brothers D.A. Speaks Out After Meeting Family ... We Had 'Productive' Convo

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STILL UNDER REVIEW
TMZ.com

Erik and Lyle Menendez's relatives aren't saying much about their first meeting with the new L.A. County District Attorney Nathan Hochman ... and he isn't either.

Hochman held a news conference Friday but he didn't get into any specifics of his conversations with Menendez family members ... only saying he felt the meeting was "productive."

While dozens of Erik and Lyle's family members -- who are also victims in the case -- support their release, Hochman says the number of relatives supporting their freedom doesn't matter ... it's more about the content of what they have to say, among other things.

Erik And Lyle Menendez Family Meeting With L.A. D.A. Nathan Hochman ... To Ask For Reduced Sentence

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Big day for Erik and Lyle Menendez ... relatives are set to meet with new Los Angeles District Attorney Nathan Hochman to discuss resentencing the brothers for the notorious murders of their parents decades ago.

Twenty family members of Jose and Kitty Menendez -- who were shot-gunned to death by their children in 1989 -- will sit down today with Hochman to ask the DA for a reduced sentence for Erik and Lyle.

As you know, the brothers were convicted of the slayings in their second trial in 1996 and sentenced to life without parole. Their first trial ended in a mistrial.

Menendez Brothers Erik and Lyle's Family Lawyer Rips New D.A. Hochman ... Lying About My Clients!!!

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PANTS ON FIRE
TMZ.com

The lawyer representing Erik and Lyle Menendez's victims, who are also family members, is ripping the new District Attorney handling their case ... and calling the prosecutor a liar.

Attorney Bryan Freedman, who represents over 20 family members of Jose and Kitty Menendez, joined us on "TMZ Live" Monday and took some shots at new L.A. County D.A. Nathan Hochman.

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SPEAKING TO EVERYONE
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Bryan is taking issue with Nathan's recent interview on CNN, where he claimed he was open to meeting with the family members and Freedman.

Menendez Brothers Erik and Lyle's Family Lawyer Says New D.A. Has It Out for Them

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The lawyer representing Erik and Lyle Menendez's victims who are also family members says the handwriting is already on the wall with the new L.A. County District Attorney ... and the writing he saw reeks of bias against the bros.

Bryan Freedman wrote a scathing email, obtained by TMZ, to new D.A. Nathan Hochman, calling him out for meeting with only one Menendez family member ... the one who has gone on the record calling the 2 men cold-blooded killers and advocating that they rot in jail.

Freedman wrote, "Nathan, as I mentioned to you the day after the election ... I represent over 20 family members of Jose and Kitty Menendez ... There is concern however that your process of gathering information from the victims has been unfair."

New L.A. D.A. Nathan Hochman My Approach To The Menendez Case!!!

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NO PREFERENTIAL TREATMENT
TMZ.com

Los Angeles County’s new District Attorney, Nathan Hochman, is wasting no time after being sworn into the high-profile gig -- he's kicking things off with a case that’s been on everyone's mind -- the Menendez Brothers.

Hochman chatted with TMZ outside the Hall of Justice in downtown L.A. Tuesday after he was sworn in by Arnold Schwarzenegger, making it clear that, despite the public's obsession with Erik and Lyle's case, he's not going to treat it any differently than others.

Hochman explained to us that while he's sticking to his no-special-treatment approach, he sees the public interest as a win. Why? Because it helps shine a spotlight on the bigger issues in criminal justice and reform.

Nathan Hochman Vows to Get Tough On L.A. Crime ... Arnold Swears In New D.A.

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SWORN IN BY SCHWARZENEGGER

Los Angeles County's new District Attorney Nathan Hochman was sworn in by Arnold Schwarzenegger Tuesday at the Hall of Justice in downtown L.A.

Hochman is replacing outgoing D.A. George Gascón, who Nathan says was way too soft on violent and repeat offenders during his 4-year term ... and apparently voters agreed.

It's fitting ... Hochman says he's going to terminate a lot of the policies he calls lenient that Gascón was known for ... like not prosecuting drug possession and trespassing offenses ... and he's turning to the "Terminator" star -- and former California governor -- to get his first day in office started.

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FACTS & LAWS ... NO AGENDAS

Menendez Brothers Thanksgiving Behind Bars Includes Feast and Football

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The Menendez brothers are going to spend at least one more Thanksgiving behind bars ... and TMZ has the cranberry sauce on what their gobble-gobble day is going to look like.

A source in the California Department of Corrections tells TMZ ... Lyle and Erik -- who've been in prison nearly 35 years for the double murder of their parents -- will feast on turkey slices, mashed potatoes, greens, and peach pie this Thanksgiving.

InTouch was the first to report on the Thanksgiving menu.