LOS ANGELES — After almost 30 years behind bars, one of the steps that could see the Menendez brothers go free has begun.

A resentencing hearing for Erik and Lyle Menendez began on Tuesday after several months of delays, The Associated Press reported.

The hearing is expected to last two days, CNN reported.

A judge will determine if the pair — who were sentenced in 1996 to life in prison for killing their parents, Jose and Kitty Menendez, seven years prior — has their sentence shortened, paving the way to their freedom.

Attorneys for Erik and Lyle Menendez claim they were sexually abused by their father, so the murders were in self-defense. Prosecutors, however, said they killed their parents for the multimillion-dollar inheritance.

The Los Angeles judge will have to determine if the brothers were rehabilitated and deserve a 50-year-to-life sentence.

If the judge decides that the sentence should be shortened, they could be released under California’s youthful offender law because they were under the age of 26 at the time. Lyle Menendez was 21 while Erik was 18, ABC News reported.

A parole board would still have to weigh in, the AP reported.

Their attorney also may ask that their charges be downgraded to manslaughter, which, if the judge agrees to the change, would make them eligible for immediate release.

Prosecutors said they oppose the resentencing, saying that the Menendez brothers have not taken complete responsibility for killing their parents. The legal team may also refer to a forensic psychologist’s findings on whether or not the brothers pose a risk to society, the AP reported.

The Menendez brothers’ family said the pair has shown remorse and rehabilitation, CNN reported.

If the court decides against freeing the Menendez brothers, Gov. Gavin Newsom could grant them clemency, ABC News reported.

© 2025 Cox Media Group