WASHINGTON (TNND) -- Nearly 35 years ago, they killed their parents in their Beverly Hills mansion, claiming they were victims of sexual abuse. Today, Erik and Lyle Menendez have hope of being released from prison.
A judge on Monday delayed until January his decision on whether to resentence the brothers.
The National News Desk spoke with their attorney, Mark Geragos on the emotional week and what comes next for the brothers.
"Well, I think that they're, I've said it all along, cautiously optimistic. They were able, for the first time in over 20 years, to watch a court proceeding yesterday from the prison where they are," Geragos said. "They saw that proceeding."
Geragos mentioned the brothers' Aunt JoanVanderMolen, who is their mother Kitty's oldest sister, celebrated her 93rd birthday Tuesday.
She, in a very emotional and touching testimony, said that she wants nothing more than to have them home. And it was very moving," Geragos said.
Teresita Baralt, the brother's father Jose's older sister, also begged for their release.
So you literally have, Kitty and Jose's older sisters standing side by side there, and they not only are physically next to each other, but emotionally, they're joined in asking for the release of Erik and Lyle."
A habeas corpus was filed by their lawyers in May 2023 asking a judge to consider new evidence of their father's sexual abuse.
We asked Geragos what he believes the decision will come down to if the brothers' convictions will be overturned.
"Well, there's two separate proceedings right now. One is the habeas. And as we speak, the DA is just asking till next month to weigh in on the habeas. Also what we had yesterday was the resentencing," Geragos said.
Geragos said under the resentencing, he feels it's "pretty clear" Erik and Lyle should be resentenced.
"First of all, the DA has initiated that as you know, also yesterday what happened is the judge invoked his own initiation as well under what's called AB-600," Geragos explained.
The attorney said this means both the DA and judge have now said they wish for the brothers to be resentenced under the law.
"They are entitled to be resentenced. That's why we're going to have a hearing. And I'm hopeful that once they do that, that the judge will substitute a manslaughter for the murder conviction and that they'll get time served and be released," Geragos said.
Despite this, the resentencing does not necessarily mean Erik and Lyle will actually leave prison. We asked Geragos what we can expect going forward.
"The resentencing gives the judge all kinds of options. Yesterday, also, the DA filed a motion to strike or withdraw the special circumstance. That's the only thing that has prevented them from a parole hearing up until now," Geragos said.
Geragos said the judge could change from sentencing the brothers to time served, which would theoretically make them eligible for that parole hearing.
"The judge could also say, I'm going to substitute involuntary manslaughter, and I'm going to order that you be released immediately," Geragos said.