Menendez brothers’ chance for a new sentence depends on important court hearing for murder case

The fate of the Menendez brothers is one step closer to a decision as the possibility of being freed from prison could soon become a reality. 

A request made by Los Angeles County District Attorney Nathan Hochman to withdraw the motion filed by his predecessor George Gascon for the resentencing of Erik and Lyle Menendez will be reviewed by a judge before their resentencing hearing, which is scheduled to take place soon.

Friday’s hearing is set for 10 a.m. local time, when the brothers are expected to appear remotely.

Hochman confirmed the filing of a response on the resentencing issue on Wednesday, stating his disagreement with the resentencing decision, but indicating readiness to proceed. The defense attorneys for the Menendez brothers argue that they should have been found guilty of manslaughter instead of murder, which could have led to their early release from prison.

The first trial of the brothers ended in a mistrial due to the jury’s inability to reach a unanimous decision. In a subsequent trial in the mid-1990s, certain evidence related to alleged sexual abuse was not considered, and jurors concurred with the prosecution that the brothers were primarily motivated by greed.

If the judge decides to resentence the Menendez brothers, it will then be up to the state parole board to consider their release.   

They are already scheduled to appear before the board on June 13 as part of a comprehensive risk assessment report ordered by Newsom, who is considering the brothers’ clemency request – a separate potential path to freedom.

“Be careful what you wish for, because I think, in the end, the way this plays out is the Menendez brothers are likely to be granted parole either through resentencing or clemency from Newsom,” Claypool said. 

Fox News Digital reached out to Newsom’s office and the Menendez brothers’ attorneys for comment. 

Fox News Digital’s Michael Ruiz and Ashley Papa contributed to this report.