In April, Hochman moved to withdraw Gascón’s recommendation, arguing that he did not believe the brothers had taken full responsibility for their crimes. This move was then rejected by Judge Jesic, paving the way for this week’s hearings to take place.

A Los Angeles judge will preside over the resentencing hearing that is 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.

Erik and Lyle Menendez 's much-anticipated resentencing hearing will be held Tuesday and Wednesday with lawyers set to battle over whether the brothers should get a lesser sentence, clearing the way for a potential release from prison. Defense attorney Mark Geragos, who is pushing for their release, said he plans to call seven witnesses.