What's next for the Menendez brothers?

Eric and Lyle Menendez, two brothers convicted of killing their parents more than three decades ago, are one step closer to being released from prison.

The brothers are currently serving life in prison without the possibility of parole in California.

The Los Angeles County district attorney formally recommended their regency in a court filing Friday, arguing for a reduced sentence for the pair. If approved, the request would make the brothers eligible for parole.

While this is a significant development in a field that grips the nation, it is a step in what could be a long road.

And not everyone is happy about the prospect of potentially regaining their freedom.

The district attorney's office's 57-page court motion, obtained by BBC News, includes a timeline of the case, why the Menendez brothers should be resentenced, and details of their time behind bars.

The filing included glowing recommendations from prison officials and various programs the brothers had launched behind bars aimed at helping victims of childhood trauma and other inmates, including disabled or elderly inmates. It also includes the educational degrees both brothers earned while serving their sentences.

All this was done, the report noted, “without any expectation or hope”.

It also includes 30-year disciplinary records for both Eric Menendez and Lyle Menendez. Both brothers were cited for having a mobile phone in a cell they shared with other inmates.

Eric Menendez had several other violations, including two fights in 2011 and 1997.

It noted that Lyle Menendez was never cited for any fighting and had to be moved from the general population to a “special needs” area of ​​the jail in 1997 because he “would not fight back when assaulted.” He was cited twice for contraband – a lighter in 2013 and a new pair of Adidas sneakers in 1998 that a “female visitor brought him”.

“While incarcerated, Eric and Lyle Menendez have transformed and taken advantage of meaningful opportunities to mature, turn away from criminal thoughts, repent, and become productive community members,” the filing states, adding they are “ready to reenter society.”

Friday's filing provides the basis for the district attorney's office's argument that will be made before a judge as to why the brothers should be harassed.

The next step is to schedule a protest hearing, where a judge will hear arguments for and against the change.

Los Angeles County District Attorney George Gascon's office is seeking sentencing for their murders.

Under California law — based on their age at the time of the crime — that would make them “immediately eligible for parole,” the district attorney said at a news conference Thursday.

His office said it hopes to schedule a hearing in the next 30-45 days and says it's possible Lyle and Eric Menendez could attend the proceedings.

The hearing is likely to be controversial. Mr. Gascon noted that the case has divided his office and that members of his staff could argue against him in court.

If the hearing results in the judge approving the new sentence, attention will shift to the California Parole Board.

The board will examine the case and whether the Menendez brothers are a threat to society if released.

Even if the board approves their release, Gov. Gavin Newsom may decide to shut down the program.

Earlier this month, more than two dozen Menendez family members issued a public petition for the release of Eric and Lyle, 35 years after the murders of their parents, Jose and Kitty Menendez.

Those family members alleged that the boys had endured horrific sexual abuse at the hands of their father and were not a threat to society.

Kitty Menendez's sister Joan Anderson Vandermolen argued “the whole world was not ready to believe that boys could be raped, or that young men could be victims of sexual violence”.

He said that now “we know better” and “a jury today would never impose such a harsh sentence”.

But the family doesn't fully agree.

A lawyer for Kitty Menendez's brother, Milton Andersen, called the brothers “cold-blooded” and said their “actions have torn their family apart and left a trail of grief for decades.”

“Jose was shot six times, and Kitty was shot ten times, including one in the face after Eric reloaded.”

Mr. Andersen believes his nephews should be in prison for their “heinous actions,” according to his lawyer, Cathy Cady.

Nema Rahmani, a criminal defense attorney and former federal prosecutor, told the BBC that “a perfect storm of public relations and politics” led to the Menendez brothers' real shot at freedom.

He noted that the case has received recent attention from celebrities, a Netflix drama and documentaries on the case, and a “hostile” district attorney hoping to stay in the office.

“You'll never see another case like this. It's a unicorn.”

The Menendez brothers filed a motion in May 2023 detailing new evidence in their case and requesting that their convictions be overturned.

Mr. Gascon said his office had been reviewing the case for more than a year, but said he decided to recommend their reprieve on Thursday, an hour before he held a highly publicized news conference on the landmark case.

The decision was announced 12 days before Election Day, in which Mr. Gascon is running for re-election as Los Angeles County district attorney, and was down by 30 points in some polls. He denied his announcement was political and said it was a long time coming.

The decision also comes amid renewed attention to a case spurred by a The new Netflix drama, Monsters: The Lyle and Eric Menendez Story as well as the release of the docudrama, The Menendez Brothers.

The series introduced the case to a new generation and attracted the attention of celebrities – including Kim Kardashian and Rosie O'Donnell – who called for the brothers' release.

Motive has long been at the center of the case.

Prosecutors painted the brothers as spoiled rich kids, who killed their wealthy parents in their Beverly Hills mansion so they could access their $14m (£10.7m) fortune.

They argued that the two had systematically bought shotguns and shot their parents a total of 13 times while the couple watched TV. Then they bought things like Rolex watches while gambling, partying and shopping.

It was ultimately a confession to a psychologist that led to their arrest when their doctor's girlfriend audiotaped their admission and reported it to authorities.

The brothers eventually confessed to the killings – but argued they acted in self-defense after years of emotional, physical and sexual abuse.

They told the court they were afraid their parents would kill them if they didn't act first. Lyle and Eric testified that they had confronted their parents about the sexual abuse and that things had turned into a fight in their family and that 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.

The twists and turns of the story made it infamous and even 35 years later it continues to be the catalyst for new documentaries and films.