LOS ANGELES (AP) — Erik and Lyle Menendez’s resentencing listening to has been set for Dec. 11, when a decide will determine whether or not they may have a shot at freedom after spending 34 years behind bars for the shotgun killings of their mother and father in 1989 at their Beverly Hills dwelling.

The date was determined Wednesday by Los Angeles County Superior Court docket Decide Michael Jesic after prosecutors submitted a advice for the brothers’ resentencing final week. After an preliminary mistrial with a hung jury for every of the brothers, they had been convicted of killing their mother and father, Kitty and Jose Menendez, and sentenced to life with out parole in jail.

The brothers’ attorneys by no means disputed the pair killed their mother and father, however argued that they acted out of self-defense after years of emotional and sexual abuse by their father. A lot of the proof associated to abuse was excluded from their second trial.

Los Angeles County District Legal professional George Gascón stated his workplace would suggest the brothers be given a sentence of fifty years to life, which might make them instantly eligible for parole since they had been beneath the age of 26 when the crime was dedicated.

If the decide approves the resentencing, the brothers will nonetheless want a state parole board to grant their launch. California Gov. Gavin Newsom then has 150 days to evaluation its determination.

Gascón stated he took a number of components into consideration when making his advice, together with the brothers’ rehabilitation in jail. In paperwork filed by his workplace, prosecutors pointed to the brothers’ academic achievements — each have attained a number of levels — and contributions to the group, akin to a jail beautification program began by Lyle Menendez.

A number of generations of relations of Erik and Lyle Menendez have pleaded for the brothers’ launch from jail, saying they should be free as a result of they’d been “brutalized” and sexually abused by their father.

Nonetheless, not everybody in Gascón’s workplace agreed together with his determination. One of many brothers’ uncles additionally needs them to stay in jail. These against resentencing will possible have a possibility to argue their case in entrance of the decide.

Their attorneys stated the brothers can even have a listening to Nov. 25 relating to a habeas petition filed final yr that asks the courtroom to take a look at new proof not beforehand launched at their second trial. This might nonetheless probably be one other pathway to freedom.

The brothers additionally submitted a request to Newsom for clemency earlier this week. Gascón stated Wednesday that he helps the request and that his workplace has despatched letters of help to the governor.

“They’ve respectively served 34 years and have continued their educations and labored to create new applications to help the rehabilitation of fellow inmates,” Gascón stated in a press release.

Newsom talked about the case on iHeartRadio’s “Politickin’” podcast just lately and stated he was reviewing the matter. He famous that the Netflix drama “ Monsters: Lyle and Erik Menendez Story ” had introduced consideration to the case, with even his youngsters asking him about it, and that his workforce had examined Gascón’s determination.