Fate of Menendez Brothers Handed to LA Judge

After months of delays, a hearing starts Tuesday to decide whether Erik and Lyle Menendez should get a chance at freedom after serving nearly 30 years in prison for the double murder of their parents. A Los Angeles judge will preside over the resentencing hearing that's expected to last two days. If he shortens their sentences, the brothers would still need approval from the state's parole board to get out of prison. They could then potentially go free on time served, per the AP.

The brothers were sentenced in 1996 to life in prison without the possibility of parole for murdering father Jose Menendez and mother Kitty Menendez in their Beverly Hills home in 1989. The brothers were 18 and 21 at the time of the killings. While defense attorneys argued the brothers acted out of self-defense after years of sexual abuse by their father, prosecutors said the brothers killed their parents for a multimillion-dollar inheritance. Due to wildfires in the LA area, and disputes between LA prosecutors and defense attorneys, the resentencing hearings have been delayed for months.

The proceedings will center on whether the brothers have been rehabilitated in prison and deserve a lesser sentence of 50 years to life. That would make them eligible for parole under California's youthful offender law, as they committed the crime under the age of 26. Their defense attorney, Mark Geragos, said in April that he may ask the judge to reduce their charges to manslaughter, potentially allowing them to be immediately released. Geragos said Friday that he plans to call at least seven family members to testify. As in previous proceedings, the brothers will appear virtually. It's unclear if they'll testify.

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Los Angeles County prosecutors, meanwhile, will be arguing against the resentencing. They say the brothers haven't taken complete responsibility for the crime. Prosecutors will likely reference the preliminary findings from a forensic psychologist who looked at whether the brothers pose a risk to society if released, an assessment ordered by the state parole board. The admissibility of the results in court has been a point of contention for the two sides, as they haven't been made public, but the judge said Friday that some parts can be included. More here.

(More Menendez brothers stories.)