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

The date was decided Wednesday by Los Angeles County Superior Court Judge Michael Jesic after prosecutors submitted a recommendation for a new sentence for the brothers last week.

After an initial mistrial with a hung jury for each of the siblings, they were convicted of killing their parents, Kitty and José Menéndez, and sentenced to life in prison without parole.

The brothers’ lawyers never denied that the couple killed their parents, but argued that they acted in self-defense after years of emotional and sexual abuse by their father.

Much of the evidence related to the abuse was excluded from his second trial.

Los Angeles County District Attorney George Gascon said his office would recommend that the brothers receive a sentence of 50 years to life in prison, which would make them immediately eligible for parole since they were under 26 when they were arrested. committed the crime.

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If the judge approves the new sentence, the brothers will still need a state parole board to grant their release. California Governor Gavin Newsom then has 150 days to review his decision.

Gascón said he took several factors into account when making his recommendation, including the rehabilitation of the brothers in prison.

In documents filed by his office, prosecutors noted the brothers’ educational achievements (both earned several degrees) and their contributions to the community, such as a prison beautification program started by Lyle Menendez.

Several generations of relatives of Erik and Lyle Menendez have called 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 Mr. Gascón’s office agreed with his decision. One of the brothers’ uncles also wants them to remain in prison. Those who oppose a new sentence will likely have the opportunity to plead their case before the judge.

Their attorneys said the brothers will also have a hearing Nov. 25 on a habeas petition filed last year, which asks the court to consider new evidence that had not previously been presented in their second trial. This could be another path to freedom.

Newsom recently mentioned the case on iHeartRadio’s Politickin’ podcast and said he was reviewing the matter.

He noted that the Netflix drama Monsters: Lyle and Erik Menendez Story had drawn attention to the case and that his team had examined Mr. Gascón’s decision.

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