What’s next for Menendez brothers and their bid for freedom?

After spending more than 30 years behind bars for killing their parents, Lyle and Erik Menendez have a shot at being released from prison.

The 1989 murder case, which has gripped the US for decades, burst into life again this autumn when Los Angeles’s top prosecutor backed the brothers’ bid for resentencing.

The move could allow for their immediate release – if approved by a judge and a parole board.

But their path to freedom will face a few hurdles.

The brothers will appear in court by video link on Monday to discuss next steps in their case.

Here’s more about what’s happening with their bid for resentencing, and two other ways the Menendez brothers could be freed.

Jose and Kitty Menendez were found dead inside their Beverly Hills mansion after being shot 13 times in August 1989.

Their sons – Erik and Lyle – called police, telling authorities they had got home and found their parents dead.

The brutal nature of the crime led authorities to thinking maybe it was a mob hit.

But the brothers started to draw scrutiny with their behaviour – lavish spending sprees including buying Rolex watches, and gambling and partying.

A confession to their psychologist was their undoing. The doctor’s girlfriend secretly recorded their confession and reported it to authorities.

In March 1990, the brothers were charged by police. They went to trial in 1993 and the brothers admitted to the killings but argued they acted out of self-defence.

They outlined years of emotional, physical and sexual abuse – namely by their father, Jose, a music and film executive in Hollywood.

Lyle and Erik testified that they confronted their parents about the sexual abuse and things had become combative and that they believed their parents were planning to kill them.

Family members testified about abuse they witnessed but none said they saw sexual abuse firsthand.

Prosecutors argued their motive was money – namely their parents’ $14m (£10.8m) fortune.

Their first trial ended with a mistrial, but a second trial in 1995 led to them to being convicted of first-degree murder.

Fast forward nearly three decades, and public interest has been renewed, after a successful Netflix drama and docuseries. Celebrities like Kim Kardashian and Rosie O’Donnell have publicly supported the brothers’ release.

More than two dozen members of the Menendez family have issued a public plea for Erik and Lyle, now aged 53 and 56, to be released.

Those family members alleged the boys endured horrific sexual abuse at the hands of their father and are not a threat to society.

Kitty Menendez’s sister, Joan Anderson VanderMolen, argued “the whole world wasn’t ready to believe that the boys could be raped, or that young men could be victims of sexual violence”.

She said that now “we know better” and “a jury today would never deliver such a harsh sentence”.

But the family isn’t in total agreement.

A lawyer for Kitty Menendez’s brother, Milton Andersen, called the brothers “cold-blooded” and said their “actions shattered their family and left a trail of grief that has persisted for decades”.

“Jose was shot six times, and Kitty was shot 10 times, including a shot to her face after Erik reloaded.”

Mr Andersen believes his nephews should stay in prison for their “heinous act”, according to his lawyer, Kathy Cady.

Current Los Angeles County District Attorney George Gascón agreed to reexamine the case, and in late October, he recommended the brothers be resentenced to a lower penalty that would make them immediately eligible for parole.

Gascón stated his decision was influenced by several factors, including the brothers’ rehabilitation efforts during their time in prison.

Court filings from his office highlighted the brothers’ educational accomplishments – both have earned multiple degrees – and their contributions to the community, such as Lyle Menendez’s creation of the GreenSpace prison beautification program.

Gascón also noted that with today’s deeper understanding of the impact of sexual and physical abuse on children, he thinks the trial would likely have been approached differently.

But critics of Gascón say he only chose to get involved with the case as a last-ditch effort to help his poll numbers when he was running for re-election.

His loss, to Nathan Hochman, has thrown the case in the air.

The new district attorney promised to be tougher on crime. He takes office on 2 December, and a crucial hearing to examine the Menendez brothers’ potential resentencing is slated for 11 December.

The change in leadership at the district attorney’s office has raised questions about the future of the resentencing effort.

Mr Hochman said he doesn’t want to delay the 11 December resentencing hearing but might have to, so he has adequate time to review the case, which includes reading transcripts of the original trials and both brothers’ prison disciplinary records.

He has also questioned the role politics could have played in Mr Gascon’s decision to back their resentencing.

If the judge ultimately approves their resentencing, the case would move forward to a parole board, which would determine whether they can be freed on parole. The panel will read their psychological evaluations, review letters from investigating officers, and hear testimony from surviving family members.

The case has garnered widespread interest and led the court to announce they’d hold a lottery to determine which members of the public can attend Monday’s hearing.

Only 16 seats are available. The county is home to more than 10 million people.

If their bid for resentencing fails, they are pursuing other avenues that could lead to their release, including:

Clemency: the Menendez brothers’ defence attorney Mark Geragos filed a clemency request with Governor Gavin Newsom, opening a second potential path to freedom.

Clemency could mean a reduced sentence or even a pardon, but it would not overturn the brother’s convictions.

But the governor has said any decision he makes will be based on what newly-elected district attorney determines after reviewing the case in full.

Habeas Corpus: The Menendez brothers’ last path to freedom hinges on a habeas corpus petition filed last year, which seeks review of new evidence that was not presented at the trial.

It claims their convictions and prison sentences are unconstitutional in light of, what they allege, is newly uncovered evidence that the brothers were the victims of childhood sexual abuse by their father, Jose Menendez.

This includes allegations from former Menudo member Roy Rosselló, who claimed in the 2023 docuseries Menendez + Menudo: Boys Betrayed that he was raped by music executive Jose Menendez.

Another piece of evidence is a letter Erik Menendez wrote to his cousin eight months before the murders detailing alleged abuse, which supports his cousin’s trial testimony.

Using the new evidence, the petition seeks to vacate their first-degree murder convictions in pursuit of a lesser charge such as manslaughter, which could result in an early release from prison.

Both brothers married while serving life sentences without the possibility of parole.

Lyle Menendez married twice. His first marriage, to former model Anna Eriksson in 1996, ended in divorce after she reportedly discovered he was corresponding with other women.

In 2003, he married Rebecca Sneed, a magazine editor, in a prison ceremony. Sneed has largely avoided the spotlight but has been described as a supportive and private partner.

Erik Menendez married Tammi Saccoman in 1999, following a pen-pal relationship that blossomed into a romance. Tammi, who had previously been married, has been outspoken about her commitment to Erik.

In 2005, she published a memoir titled They Said We’d Never Make It, detailing their relationship. Despite the challenges of marrying a man behind bars, Tammi has referred to their marriage as fulfilling, calling it a unique but strong partnership.