True Crime News anchor Ana Garcia on the likelihood of the Menendez brothers being released

Ana Garcia comments on the justice system.

After Lyle and Erik Menendez murdered their parents Kitty and Jose Menendez on August 20, 1989, the nation grappled with what came next. After two trials, the brothers were convicted in 1996 and sentenced to two consecutive life sentences without parole.

Now there's a chance those sentences could be shortened, meaning Lyle, 56, and Erik, 53, could be free men.

Garcia sat down for a conversation with The Post and spoke candidly about what the brother's future might look like — and what stands in their way on the path to freedom.

“The Los Angeles District Attorney [George Gascón] said he would recommend to a judge and file papers to reduce the sentence to 50 years to life in prison,” the Emmy-winning journalist said. “So what does that mean? This means that in California there is something called the juvenile offender law. And that means you are eligible for parole if you were under 26 at the time you committed the crime. You have the opportunity to be paroled.”

Lyle was 21 and Erik was 18 when their parents were murdered.

“So if he can get the judge to change the sentence to 50 to life in prison, parole eligibility will come into effect. And the district attorney said he believes they should be released immediately and that they should be eligible for parole immediately,” Garcia said. “The question is, what is the judge going to do? Because the judge could make a decision in real time and say, “Okay, I'm going to reduce the sentence and recommend that they be paroled.”

The True Crime News host said the case would then go to the parole board.

They must “have a full hearing,” Garcia continued. “And in California you can have a hearing that basically says are they being model citizens? Do they show that they have been rehabilitated? Do they show remorse? Would they pose a threat to the community if released? And then there would be recommendations from the victim’s family, which also happens to be Lyle and Eric’s family.”

“Plus what the district attorney thinks the public might think. And then the parole board has 120 days from the time of the hearing to make a decision. Probation is also like a check from the governor's office. So there was nothing Governor Newsom could do, which means they could be paroled or he could veto it, which is unlikely.”

Factors contributing to this case's prominence in the media include supporters like Kim Kardashian advocating for the siblings and their well-known attorney Mark Geragos, who also defended Scott Peterson, who was charged with his murder Convicted in 2002 was pregnant woman Laci Peterson and her unborn son Connor.

Another important factor is the City of Angels itself.

“This case is so unique to California,” Garcia mused. “From the beginning it was so Californian, so LA, I mean, it's Beverly Hills. They are millionaires. It's the entertainment community. It's everything there is to being rich and privileged in Los Angeles. Big media trial – really big, like leading up to a media trial and then the circumstances that come with it. How they behaved after the murders. One is in the Ivy League and the other wanted to be a professional tennis player. This is the lifestyle of the rich and famous under scrutiny.”

“And then you installed our extremely progressive, liberal current district attorney who is facing a very tough re-election and believes in reform,” the news anchor admitted. “That this is what he sees as reform. There is also a path that Mark Geragos is currently taking. So his third step is to contact Governor Newsom directly and ask for clemency. That doesn't mean he would absolve her of the crime. It just means he would have the power to petition the governor. And that's what a lot of criminals do. He would have the power to say, 'Okay, I'm commuting your sentence.' You'll be released immediately.'”

What are the chances of that happening? Garcia said, “That’s a possibility.”

“Is that going to happen in this political landscape? That’s the part I don’t know,” the podcast host admitted. “Personally, I think the wisest thing to do is to let the matter go to trial, hold a hearing and make it as public as possible – be it the sentence reduction hearing or the habeas corpus hearing and the new evidence.” I wants them to be public. I want everyone to hear both sides of the argument. I think we should get statements from the victim's family, the survivor. I think that would be really important. They should be as transparent as possible.”

The crime reporter noted that Geragos currently has “three license plates in the air.” One of these requires the inclusion of new evidence.

“That's a very different perspective because in this case they're basically saying that the new evidence is a letter from one of the Menendez brothers to his now-deceased cousin about the alleged abuse. [A] handwritten document dating back months before the murders. So it’s an independent document,” Garcia said. “And also the member of the boy band Menudo, who says he was sexually abused by Jose Menendez. So that this judge could make a decision. This could be one of those decisions where the judge could say, “All right.” I'm freeing you now. “We're dropping the charges,” or we could say, “Let's have a new trial.” I don't think anyone wants a third trial. I don’t think this is of interest.”

But she also acknowledged that there are “many assistant prosecutors who oppose her release and resentencing.”

“When District Attorney Gascón originally said he was reviewing the new evidence in the case, he originally said, 'I won't make a decision until later.' [the] Choice.' And then last week, boom, it's like a race that everyone is in. It's breaking news. He's making an announcement before Election Day. What happened? What is the emergency? It's like there is no emergency in this case. So I think it’s because he’s behind in the polls,” Garcia said. “I believe this was politically motivated on his part, perhaps for one or two reasons. Firstly, to support his election, or secondly, if he really believes that the sentence should be reduced and he wants to do it while he is still elected and in power, he must do it. Let's say if he loses the election, he has to go ahead and get this done before his term expires. So one of these two reasons could have been the trigger for the increase, maybe even both.”

If Lyle and Erik Are If they get a second chance in life, the journalist knows how the siblings would like to spend it.

“Do you know what I would like to see from them?” Garcia explained. “If they get a second chance in life, I want them to do something good with it. I want them to use everything they have learned and advocate for this cause for others. I want them to make a difference in this world. I think that would be the greatest gift. And the real meaning of rehabilitation is to turn around and do something good, not for yourself, but for others. And if they can dedicate their lives to serving other people, I think that is the best outcome. But if they decide to pick up their lives where they left off with buying Rolexes and Rolls-Royces and partying and all that – then I hope not.”