The Menendez brothers are one step closer to freedom, but it is not yet guaranteed. Erik and Lyle, who were sentenced to life without parole for the 1989 murder of their parents, will still face legal proceedings and parole review.

Next steps

A California judge will determine whether Erik and Lyle Menendez will be resentenced after serving nearly 35 years in prison for the murder of their parents — offering the brothers a possible path to freedom.

Los Angeles County District Attorney George Gascón announced his support for the brothers’ conviction at a news conference Thursday. “This case will be filed in court tomorrow,” Gascón said. “The final decision will be made by the judge. The court must agree with my conclusion that they deserve to be resentenced.”

Gascón’s office filed the motion late Thursday, NBC Los Angeles reported. The case is now in the hands of Los Angeles Superior Court Judge William Ryan, who will then schedule a hearing on the motion. However, it is unclear when that will happen.

What then?

The judge would then investigate the case proof in the case and take into account the brothers’ actions during their nearly 35 years in prison. Many of their relatives have done the same called for their release.

Gascón praised the brothers for their behavior during their sentence, which they believed would last the rest of their lives. “Even though they didn’t think they would ever be released, they went on a different journey – a journey of redemption and a journey of rehabilitation.”

Problems ahead

However, Gascón admitted that his office was still divided over the Menendez brothers’ case, with some rejecting their claims that they were abused by their parents and that they deserve new punishment.

“It is entirely possible that there will be members of this office present in court opposing their grudge,” Gascón said. “And they are entitled to that. And we encourage those who disagree with us to speak, and the court is the appropriate place to do that.”

The prosecutor said he would ask the judge to sentence them to 50 years to life in prison, with the possibility of parole. Because the brothers were both under 26 when they committed the murders, they would both be eligible for juvenile parole “immediately,” Gascón said.

Mark Geragos, an attorney representing the brothers, said NBC Los Angeles he hoped that parole would come soon. “I would like to have them home before the end of the year,” Geragos told the channel.

After being convicted again

If the judge agrees to the new sentence, the Menendez brothers’ case will then be reviewed by a parole board.

Gascón expressed his confidence in the brothers’ chances at the press conference on Thursday. “I believe they have paid their debt to society, and the system offers the opportunity to have their case reviewed by a parole board. And if the parole is in accordance with my assessment, it will be their decision and they will be released accordingly.”

A year of control

Erik and Lyle were arrested in 1990 for the murder of their parents, José and Kitty Menendez. Their first televised murder trial in 1994 ended in a mistrial after a hung jury. They were sentenced to life in prison without the possibility of parole after a second trial in 1996.

Interest in the brothers’ case grew after the success of the Netflix series Monsters: The Story of Erik and Lyle Menendez earlier this year – although the family of brothers objected to the way they were depicted.

Meanwhile, lawyers for the brothers have urged the court to reveal new evidence that the brothers were motivated by ongoing sexual abuse and trauma. Also in March is former Puerto Rican boy band singer Roy Rossello accused their father of sexual abusein support of the brothers’ longstanding claims.

It also caught the attention of celebrities like Kim Kardashian, visited the brothers in prison and later called for their release in an essay published by NBC News. “I spent time with Lyle and Erik; they are not monsters,” the reality star stated.

The Daily Beast reached out to the Menendez brothers’ lawyers but did not immediately receive a response. The Los Angeles District Attorney’s Office also did not immediately respond.