Erik and Lyle Menendez set for long-awaited resentencing hearing as they vie for release. Here’s what to expect

Los Angeles CNN Brothers Erik and Lyle Menendez jailed for life for the murders of their parents in Beverly Hills are set to be given a hearing on Thursday to determine whether they may be eligible for a lesser sentence and a path to parole after more than three decades behind bars The two-day hearing will determine whether the siblings sentence of life without eligibility for parole may be revised to grant them the possibility of being disclosed The judge s decision would have monumental implications for the army of attorneys family members and online supporters who have in new years launched a renewed campaign for Erik and Lyle s freedom fueled in part by a wave of attention brought by a docuseries and fictionalized Netflix drama recounting the matter Since Erik and Lyle have been pursuing a three-part legal effort to secure their release the resentencing bid a request for clemency from California Gov Gavin Newsom and a call for a new trial based on proposes of fresh evidence Though a new trial would only focus on the facts of the siblings crime the resentencing decision allows the judge to consider other factors including their rehabilitative efforts Dozens of Menendez relatives say Erik and Lyle have demonstrated years of remorse and rehabilitation since they shot and killed their parents Kitty and Jos Menendez in their manicured family mansion They also argue the severity of the sentence should be revisited due to a deepened cultural understanding of childhood sexual abuse since the murders which the brothers have long maintained were carried out in self-defense after years of abuse at the hands of their father But while the brothers affair was championed by the former Los Angeles County district attorney his successor Nathan Hochman has taken a more hardline stance against their release threatening to overturn their powerful momentum Hochman has disclosed he would oppose the brothers request for a new trial and attempted to withdraw the former DA s motion in help of their resentencing a move that was rejected by a judge last week Hours before Thursday s hearing Hochman s crew filed a motion of continuance to delay the proceeding saying comprehensive exposure assessments of the brothers that were conducted by the parole board were now complete and the court demands time to review them The People believe that the Court should have all available information before making this central decision To the extent the Court necessities additional time to obtain these documents from the Governor s office the People request a continuance as necessary the motion filed Wednesday noted The district attorney has called the brothers self-defense claim fabricated instead arguing that the brutal crimes were premeditated and casting doubt on the truthfulness of their sexual abuse claims Hochman has called on Erik and Lyle to admit they have lied to everyone for the past years Anamaria Baralt a cousin of the brothers who has led the family s release efforts revealed she cannot imagine Erik or Lyle reversing their years-long defense at Hochman s command There is no part of me that thinks that Lyle and Erik are going to capitulate to his demands Baralt stated CNN last month That would be a slap in the face to every survivor that they have stood up for in their lives The brothers attorneys are expected to call forward a lineup of past prosecutors former inmates and corrections personnel and possibly family members to testify on behalf of Erik and Lyle s rehabilitation efforts in prison If the judge grants Erik and Lyle the revised sentence a parole board will review their scenario and could recommend them for parole The decision will go to Newsom s desk where he will have days to grant reverse or modify the decision Though the family is desperate for Erik and Lyle s release Baralt also worries the men now middle aged may be frozen in the population eye as the sweater-clad young men who took the witness stand in the s portrayed by prosecutors and media as arrogant self-assured heirs to their parents million estate If issued the brothers would reintegrate into society as men in their s who have spent the majority of their adult lives navigating prison They have a lot of supporters in the world but not everyone is a supporter Baralt commented They have not lived outside of prison in the age of social media that can be unforgiving and brutal and that concerns me a lot I am hopeful that they will find their way Brothers pursing several paths to freedom Even if the resentencing bid is denied Erik and Lyle s fight for release will be far from over The brothers are seeking two other paths to release a new trial and clemency Gov Newsom has the power to commute the brothers sentences which would without delay free them from prison The governor has so far refrained from making a decision but has appealed the state Board of Parole Hearings to investigate whether the pair would pose an unreasonable menace to the populace if they were disclosed The parole board is expected to have a hearing on June with the brothers and will then share its recommendation with Newsom The brothers attorneys have also filed a request for a new trial known as a habeas petition Their attorneys claim new evidence of sexual abuse by the siblings father has arisen since their trials in the s including a letter from Erik Menendez to a relative referencing the alleged abuse During their trials the brothers admitted responsibility for the killings of their parents but argued they should not be convicted of premeditated murder In their first trial which featured separate juries for each brother Erik and Lyle testified they had endured a lifetime of physical and sexual abuse by their father and thought their mother was aware and chose to do nothing Their lawyers argued the pair killed their parents because they feared for their lives The first trial ended in with a deadlocked jury for each man leading to a second trial in which the judge barred the greater part of the sexual abuse evidence Both brothers were convicted of murder and sentenced to life without parole If the evidence of abuse had been allowed to be presented in the second trial their attorneys have argued the brothers would have been convicted of manslaughter instead of first-degree murder The decision ultimately lies with a judge but Hochman has urged the court to reject their request saying abuse does not amount to a self-defense claim Sexual abuse is abhorrent and we will prosecute sexual abuse in any form it comes he announced But sexual abuse in this situation while it may have been a motivation for Erik and Lyle to do what they did does not constitute self-defense The Menendez family has expressed disgust at Hochman s stance calling it outdated and harmful Family points to meaningful lives built in prison Several relatives of Erik and Lyle have stuck by their side even through through the frenzied trials of the s following them from county jail to maximum protection prisons and completely to an innovative corrections facility in San Diego where they are housed currently Separated for decades Erik and Lyle were reunited in at RJ Donovan Correctional Facility in San Diego where inmates are encouraged to create and lead programs for other prisoners There the brothers have founded several initiatives including encouragement groups for disabled and elderly inmates meditation classes and workshops on alternatives to violence Lyle has also co-founded the Green Space Project a massive prison yard beautification effort which has raised more than to install trees grass and outdoor society gathering spaces The project aims to reduce recidivism in part by normalizing the prison surroundings and making it more closely resemble the outside world that inmates will transition into once they are issued Baralt pointed out that the greater part of these programs were founded years before release was an option for the brothers Release was never on the table and they did it anyway which is really stunning to me Baralt disclosed It was a desire to make their lives worth something and they ve succeeded As far as I m concerned they are living full lives really full lives full of purpose and meaning If circulated the Erik and Lyle have explained they would continue their advocacy for prison rehabilitation and childhood abuse survivors Baralt revealed CNN s Matt Friedman contributed to this document