Erik and Lyle Menendez will have a new day in court on December 11, when the Los Angeles County District. Lawyer. George Gascón will ask a judge to resentence them for the brutal murders of their parents, opening the possibility of their being freed after 35 years behind bars.

Los Angeles County Superior Court Judge Michael Jesic set that date for a hearing in Van Nuys on the district attorney’s proposal to change the sentences of the brothers in the 1989 shotgun murders of Jose and Kitty Menendez within from his home in Beverly Hills. After a mistrial, the couple was convicted of murder under special circumstances in a second trial in 1996, making them ineligible for parole.

Gascón said last week that he would seek a new sentence for them on a simple murder charge, a change that would make them eligible for parole because the brothers committed the murders when they were under 26 years old.

According to their attorney, Mark Geragos, the brothers will also have a hearing on a habeas petition on November 25.

Geragos said he would ask the judge at the November hearing to sentence them for involuntary manslaughter, a move that could lead to immediate release. Geragos said he wants the brothers to be home for Thanksgiving and would also seek clemency from Gov. Gavin Newsom, who acknowledged in a podcast last weekend that he was reviewing the matter and mentioned the Netflix docudrama. Monsters: The Lyle and Erik Menendez Story.”

“I met with the team that put on the series about nine months ago and they let me know,” Newsom said. “They said, ‘Look and see what happens after this series is released, because it will generate a lot more conversation about whether these guys should be released or resentenced.’ And here we are, on the fast track not so many months later.”

Read more:District Attorney Backs Resentencing of Menendez Brothers, Paving Possible Path to Freedom

Gascón’s announcement last week drew praise from the brothers’ famous fans and loved ones, and condemnation from critics who think it was designed to boost his weakened re-election bid. But as Gascón made clear during a news conference, the brothers’ hopes for release still depend on the decisions of others, including the judge, the state parole board, Newsom and the possible inauguration of a new district attorney. in December.

In a 57-page motion made public Thursday night, Gascón’s office argued that the brothers no longer threatened public safety and should be released, given their exemplary behavior while in custody.

Both brothers married and earned college degrees in prison, according to the motion, and started programs that benefit other inmates, including meditation groups and a “green space” project. Prison staff rarely had to discipline them, and only one allegation of violence was made against any of the brothers in their nearly 30 years in prison, according to the motion.

In recent months, much of the attention on the brothers’ case has focused focused on a habeas motion trying to revoke his convictions. Geragos presented new documentation to corroborate the brothers’ claims that the murders were motivated by years of sexual abuse at the hands of their father and not, as prosecutors argued at trial, by the brothers’ desire to gain early access to their inheritance.

But legal experts say the brothers could have a more direct path to freedom through a new sentence.

The case was assigned this week to Jesic, a Van Nuys court judge who is a former prosecutor. He could immediately grant the request, but he will most likely hold a hearing in which many of the family’s loved ones and prosecutors opposed to Gascón’s decision can speak.

Gascón acknowledged Thursday that there was no “universal agreement” on the case in his office, and that some prosecutors opposed resentencing the brothers. Another faction in the office had pressured Gascón to try to re-sentence the brothers for involuntary manslaughter, which would have made them eligible for immediate release if the judge had accepted the request, according to two sources with direct knowledge of Gascón’s thinking. .

The sources requested anonymity so they could discuss the case candidly. Experts said that move could have been a bridge too far for the judge and backfired.

If Jesic grants the request, the state parole board would intervene.

Read more:The Menéndez brothers spent decades fighting for freedom. Why do they suddenly have a chance?

As of Oct. 23, the board had granted parole in about 31% of the cases it heard this year in which it made a decision, according to to data from the California Department of Corrections and Rehabilitation.

Even then, Newsom could reject the parole board’s findings. Under California law, the governor can block the board’s decision to grant parole if he finds evidence that the brothers’ release posed an “unreasonable risk to the public.”

A spokesperson for Newsom referred questions about the Menendez brothers to the department of corrections.

Gascón’s decision could also be annulled if he is no longer in office when the process takes place in court. Some polls show Gascón’s rival in the November election, former federal prosecutor Nathan Hochman, leading by as much as 30 points among likely voters. Hochman has not taken a public position on the Menéndez case, but has said he intends to review the decision if he displaces Gascón. If Gascón loses his re-election bid on Nov. 5, Hochman would take office on Dec. 11.

“In that particular case, I would analyze the thousands of pages of confidential prison records, transcripts from both trials and voluminous evidence, as well as speak with prosecutors, authorities, defense attorneys, experts and victims’ families.” Hochman said in a statement. “Only at that point would I be in a position to properly assess whether the resentencing request is correct.”

Times staff writer Salvador Hernández contributed to this report.

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This story originally appeared on Los Angeles Times.