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UPDATE: Judge resentences Lyle and Erik Menendez to life with the possibility of parole

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SAN DIEGO (KGTV) — Judge Michael Jesic says he has decided to resentence the Menendez brothers to 50 years to life, with the possibility of parole. Under this option, the final decision on whether Erik and Lyle Menendez should be released from prison rests with the Parole Board of California.

The resentencing hearing was originally scheduled to take place over a two-day period. The judge also had the option to release the men immediately; however, he elected to give them a life sentence with the possibility of parole.

WATCH: Team 10 investigator Austin Grabish breaks down the case and how Tuesday's proceedings expedited the 2-day hearing

Judge resentences Lyle and Erik Menendez to life with the possibility of parole

During the hearing, the judge said he believes the brothers are not at risk of committing a super strike, which is any serious or violent felony that is punishable by life imprisonment or death in California.

Mark Geragos, the attorney for the brothers, pushed for his clients to be resentenced to manslaughter.

Los Angeles County District Attorney Nathan Hochman opposed any change to the brothers' original sentencing.

Should the parole board decide to release the brothers, Gov. Gavin Newsom has up to 150 days to review the case.

This is a developing story. See Team 10 investigator Austin Grabish's reporting from throughout the day below.


SAN DIEGO (KGTV) — The Menendez brothers appeared remotely for a resentencing hearing in Los Angeles that could put them one step closer to freedom after decades behind bars.

Erik and Lyle Menendez, wearing blue prison uniforms, listened as relatives broke down in tears, begging the judge to set them free during the first day of a two-day hearing.

Family members flew in from across the country to testify, telling Judge Michael Jesic how they believe the brothers have rehabilitated themselves through numerous volunteer projects at Donovan Correctional Facility in San Diego.

"There are no two better candidates in the state of California right now for resentencing than Eric and Lyle Menendez," said Mark Geragos, the brothers' attorney.

The Menendez brothers are serving life sentences without parole for murdering their parents in 1989. They used shotguns purchased from a Big 5 store in San Diego to kill their mother and father, claiming they were sexually abused in their Beverly Hills home for years.
Los Angeles District Attorney Nathan Hochman opposes any resentencing.

"The Menendez brothers have failed to come clean with the full extent of their criminal conduct, their cover-up, their lies, and their deceit over the past 30 years," Hochman said.

A relatively new California law allows judges to resentence criminals if the court determines they don't pose a danger to the community. Judge Jesic told the courtroom he hasn't made any decision yet.
The judge could choose to release the men immediately or decide to resentence them to life with the possibility of parole, leaving the final decision with the parole board. Geragos is pushing for his clients to be resentenced to manslaughter.

Cousin Anamaria Baralt said she spent the weekend with the brothers at Donovan Prison in San Diego and described their time together as "great."

The Menendez brothers have unsuccessfully tried to get out of prison five times before. Their cousin Diane said it would be a "miracle" if the men are released.