Judge will decide on Erik and Lyle Menendez resentencing at December hearing

LOS ANGELES — Erik and Lyle Menendez’s resentencing hearing has been set for Dec. 11, when a judge will decide whether they will have a shot at freedom after spending 34 years behind bars for the shotgun killings of their parents in 1989 at their Beverly Hills home.

The date was decided Wednesday by Los Angeles County Superior Court Judge Michael Jesic after prosecutors submitted a recommendation for the brothers' resentencing last week. After an initial mistrial with a hung jury for each of the brothers, they were convicted of killing their parents, Kitty and Jose Menendez, and sentenced to life without parole in prison.

The brothers’ attorneys never disputed the pair killed their parents, but argued that they acted out of self-defense after years of emotional and sexual abuse by their father. Much of the evidence related to abuse was excluded from their second trial.

Los Angeles County District Attorney George Gascón said his office would recommend the brothers be given a sentence of 50 years to life, which would make them immediately eligible for parole since they were under the age of 26 when the crime was committed.

If the judge approves the resentencing, the brothers will still need a state parole board to grant their release. California Gov. Gavin Newsom then has 150 days to review its decision.

Gascón said he took several factors into consideration when making his recommendation, including the brothers’ rehabilitation in prison. In documents filed by his office, prosecutors pointed to the brothers’ educational achievements — both have attained several degrees — and contributions to the community, such as a prison beautification program started by Lyle Menendez.

Multiple generations of family members of Erik and Lyle Menendez have pleaded for the brothers’ release from prison, saying they deserve to be free because they had been “brutalized” and sexually abused by their father.

However, not everyone in Gascón's office agreed with his decision. One of the brothers' uncles also wants them to remain in prison. Those opposed to resentencing will likely have an opportunity to argue their case in front of the judge.

Their attorneys said the brothers will also have a hearing Nov. 25 regarding a habeas petition filed last year that asks the court to look at new evidence not previously introduced at their second trial. This could still potentially be another pathway to freedom.

The brothers also submitted a request to Newsom for clemency earlier this week. Gascón said Wednesday that he supports the request and that his office has sent letters of support to the governor.

“They have respectively served 34 years and have continued their educations and worked to create new programs to support the rehabilitation of fellow inmates,” Gascón said in a statement.

Newsom mentioned the case on iHeartRadio's “Politickin'” podcast recently and said he was reviewing the matter. He noted that the Netflix drama “ Monsters: Lyle and Erik Menendez Story " had brought attention to the case, with even his kids asking him about it, and that his team had examined Gascón's decision.