The Menendez brothers’ sentencing hearing was postponed until January

After more than 30 years in prison for killing their parents, Lyle and Erik Menendez have hope of being released from prison.

The 1989 murder case, which has shocked America for decades, exploded again this fall when Los Angeles’ top prosecutor backed the brothers’ resentencing effort.

The move could allow them to be released immediately – if approved by a judge and parole board.

But their path to freedom will face some obstacles.

The brothers were teleconferenced for a court hearing on Monday as several relatives testified in favor of their release. During the hearing, a judge adjourned sentencing until January 30.

Here we analyze what is happening as they seek freedom.

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

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

Police initially thought it was a mob attack but lavish spending and partying turned attention to the brothers.

A confession to their psychologist brought them undone. The doctor’s girlfriend secretly recorded their confession and reported it to the authorities.

In March 1990, the two brothers were charged by the police. They went to trial in 1993 and the brothers admitted murder but said they acted in self-defense.

They experienced years of emotional, physical and sexual abuse – specifically by their father, Jose, a Hollywood music and movie executive.

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

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

Prosecutors said their motive was a $14 million inheritance.

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

Fast forward nearly three decades, and public interest has been renewed following a successful Netflix television series and documentary.

More than two dozen members of the Menendez family and celebrities such as Kim Kardashian, Erik and Lyle, now 53 and 56 years old, say they should be released.

On Monday, several family members appeared in court for a hearing on the status of the case.

Kitty Menendez’s sister, Joan Anderson VanderMolen, testified in court Monday and pleaded with the judge to allow their release.

“I want them to go home,” the 92-year-old man said, using a walker to get to the front of the courtroom. “No child should have to endure what Erik and Lyle went through.”

Jose Menendez’s sister, Terry Beralt, 85, also testified in favor of their release. “Thirty-five years is a long time,” she said, pausing several times as she shed tears.

She said she wanted the chance to see and hug them — without having to go to prison to do it.

But the family did not completely agree.

Kitty Menendez’s brother’s attorney, Milton Andersen, called the brothers “cold-blooded” and said their “actions have torn the family apart and left a trail of grief that will last decades.”

According to his attorney, Kathy Cady, Mr. Andersen believes his nephews should be in prison for their “heinous actions.”

Current Los Angeles County District Attorney George Gascón agreed to review the case, and in late October he recommended that the brothers be re-sentenced to lower penalties so that they could immediately qualify sue for amnesty.

He pointed to the brothers’ rehabilitation efforts in prison – their academic achievements and contributions to the community.

Gascón also noted that with today’s greater understanding of the effects of sexual and physical abuse on children, the trial will be approached differently.

But Gascón’s critics say he is only participating to help his re-election votes.

He lost and the new district attorney, Nathan Hochman, promised to be tougher on crime.

He took office on December 2, and a pivotal hearing to consider the Menendez brothers’ potential sentencing was initially scheduled a few days later on December 11.

That has now been adjourned until January 30. The judge is expected to hear from various witnesses in the case and consider what happened during the original trial as well as the prison records of both Erik and Lyle.

Hochman said the delay “provides me with sufficient time to review extensive prison records, transcripts of two lengthy trials and voluminous exhibits, as well as consult of prosecutors, law enforcement, defense attorneys, and victims’ family members.”

He has not made a decision on whether to support the sentencing effort but said he will consider “all the facts and the law to come to a fair and just decision, then defend it in court”.

If the judge ultimately approves their resentencing, the case will go to the parole board.

The board will read their psychological evaluations, review letters from investigating officers and hear testimony from surviving family members.

If re-sentencing efforts fail, they will pursue other avenues that could lead to their release, including:

Tolerant: The Menendez brothers’ defense attorney, Mark Geragos, filed a clemency petition with Gov. Gavin Newsom, opening up a second potential path to freedom.

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

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

Habeas Corpus: The Menendez brothers’ ultimate path to freedom depends on a habeas corpus petition filed last year, seeking a reconsideration of new evidence not presented at trial.

They claim their convictions and prison sentences are unconstitutional because of what they allege is newly discovered evidence that the brothers were victims of childhood sexual abuse by their father, Jose Menendez.

This included accusations of rape from former Menudo member Roy Rosselló.

Another piece of evidence was a letter Erik Menendez wrote to his cousin eight months before the murder, detailing the alleged abuse.

Using new evidence, the petition seeks to overturn their first-degree murder convictions in favor of pursuing lesser charges such as manslaughter, which could lead to early release from prison.

Both brothers got 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 discovered he was having affairs with other women.

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

Erik Menendez married Tammi Saccoman in 1999, after a pen pal relationship blossomed into a romance. Tammi, who was previously married, has been candid 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 being married to a man behind bars, Tammi considers their marriage fulfilling, calling it a unique yet strong partnership.