What's next for the Menendez brothers? – NBC Los Angeles

The Los Angeles County district attorney's decision to recommend sentencing for Lyle and Erik Menendez, who were sentenced to life in prison without the possibility of parole for the murder of their parents, would be the 29th and 30th such related requests by prosecutors, according to the district with murder convictions lawyer George Gascón.

But the decision whether to re-sentence the brothers, who have been behind bars for more than three decades, rests with a judge, not prosecutors. If the judge approves the prosecutor's request to sentence them each to 50 years to life, they would be immediately eligible for a parole hearing and possible release from prison.

What could happen for the Menendez brothers in the coming days?

Resentencing Hearing

Gascón's office filed the resentencing request late Thursday, shortly after the public announcement. Los Angeles Superior Court Judge William Ryan will set a hearing schedule for the brothers' defense attorneys and set a hearing to consider the motion.

The brothers' lawyers said they supported the prosecutor's request, so it was expected that a hearing could be scheduled without much delay.

Will a resentencing be granted?

The prosecutor's office under Gascón has reviewed or pursued resentencings in more than 700 convictions, including these murder cases. 332, almost half, were approved by the court.

Some resentencing motions filed by prosecutors are denied if the court disagrees with the reasoning or information behind the motion.

In the Menendez brothers' case, a judge would decide whether the Menendez brothers' “post-conviction” behavior in prison, that is, their good behavior and rehabilitation efforts, met the legal standards for resentencing.

“The defendants have demonstrated that they no longer pose a risk to public safety… such that their current sentence no longer serves justice,” prosecutors wrote.

When could they be released?

The timeline is unclear because the court has not yet held its first hearing on the resentencing request. However, assuming the judge agrees to the proposed sentences, Erik and Lyle Menendez would be entitled to an immediate parole hearing, where many of the factors raised in the resentencing motion would be considered. This hearing process usually takes several months.

What if they are released?

Geragos said there is already a plan in place for the brothers to re-enter society, but he did not want to reveal details for security reasons.

Geragos said the re-entry plan was discussed at the DA's office.

Lyle and Erik Menendez are both married to spouses who support themselves, Geragos said, adding that Lyle is pursuing a master's degree while Erik is currently completing his bachelor's degree.