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What comes next for the Menendez brothers?

California Menendez Brothers Case
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SAN DIEGO (KGTV) -- The Los Angeles County District Attorney on Thursday recommended a resentencing for Lyle and Erik Menendez in their decades-old murder case.

The brothers have spent 30 years behind bars, but now their case is heading back to a judge.

While the story began and unfolded in Los Angeles, it’s a case that has a lot of people in San Diego talking because the brothers are being held at Donovan State Prison in the South Bay.

Now, there's a legal pathway for Erik and Lyle to walk free after decades in custody.

The Menendez brothers were convicted of killing their parents, Jose and Mary Louise, back in 1989. Lyle and Erik never denied the crime, saying they were motivated by self-defense after facing sexual abuse from their father.

The recommendation to resentence comes after prosecutors reviewed new evidence, including a letter written by Erik appearing to corroborate allegations of sexual abuse.

So, what comes next?

San Diego-based criminal defense attorney David Shapiro, who is not affiliated with the case, said another court hearing could happen in about 30 days.

If a judge agrees with the recommendation to resentence, the brothers could be eligible for parole.

The Menendez brothers could eventually walk free, but even if everything goes their way, that process would take months.

"Generally, 4-6 months in that time frame and that's where we get into the spring, if not the summer of next year," said Shapiro. "Anything sooner would be surprising based on standard procedure. But again, there's been nothing standard or nothing normal about this case."

The Menendez brothers have a hearing late next month about their habeas corpus petition filed last year, where their attorneys can argue their conviction should be overturned in light of the new evidence.

Dr. Ann Burgess is a psychiatric nurse and forensic expert who testified in the original case. She spent 50 hours interviewing the brothers back in the 1990s and believes Erik and Lyle Menendez should be resentenced.

"I testified for Eric Menendez and felt that we did as best we could and was really surprised that they didn't get any kind of a verdict on the first trial," said Dr. Burgess. "I did not participate in the second trial."