Erik and Lyle Menendez May Not Need Judge's Approval for Prison Release

Governor Gavin Newsom's decision to ask the California Board of Parole to review the Erik and Lyle Menendez matter could make next month's up-to-now critical resentencing hearing all but irrelevant.

As we reported, Newsom has asked the Parole Board to conduct a "risk assessment investigation" ... this on the heels of TMZ's "2 Angry Men" podcast in which Erik and Lyle appeared by phone to talk about what they've done with their lives behind bars for 35 years.

The Board will effectively conduct a parole hearing, in which they will assess whether the Menendez brothers pose an unreasonable risk to public safety. By doing so, the Board will necessarily review how Erik and Lyle have conducted themselves in prison.

Governor Newsom says he will send the Board's findings to the judge who will decide if Erik and Lyle should be resentenced. Thing is ... if the judge does resentence Erik and Lyle, the matter would go to the Parole Board to determine what Newsom has now requested. So, in a way, the judge's decision would be redundant.

Even if the Parole Board decides Erik and Lyle have been rehabilitated and pose no danger to society and recommends their release, it still has to be approved by the Governor. Fact is ... Newsom has already asked the Board to conduct that review, so it will land on his desk regardless of what the judge does in the resentencing hearing.

The Governor already has a clemency petition on his desk, so it seems the decision on whether to free Erik and Lyle Menendez is now squarely in the hands of one man -- Gavin Newsom.