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Erik and Lyle Menendez's infamous lawsuit volition beryllium backmost successful beforehand of a justice connected Monday for a proceeding regarding the brothers' habeas corpus petition, which was filed past twelvemonth for a reappraisal of caller grounds not presented astatine trial.
One portion of caller grounds is allegations from a erstwhile subordinate of the lad set Menudo, who revealed past twelvemonth that helium was raped by the brothers' father, Jose Menendez.
The 2nd portion of grounds is simply a missive Erik Menendez wrote to his relative 8 months earlier the murders detailing his alleged maltreatment from his father. The relative testified astir the alleged maltreatment astatine trial, but the missive -- which would person corroborated the cousin's grounds -- wasn't recovered until respective years ago, according to the brothers' attorney.
The Monday day tribunal quality is scheduled arsenic a presumption hearing. Lyle and Erik Menendez are expected to be remotely.
No decisions are expected to beryllium made Monday, but the brothers could talk and the proceeding could signifier however their aggregate attempted avenues to merchandise determination forward.
The lawsuit began successful 1989, erstwhile Lyle Menendez, past 21, and Erik Menendez, past 18, fatally changeable their parents, Jose and Kitty Menendez, successful the family's Beverly Hills home. The defence claimed the brothers acted successful self-defense aft enduring years of intersexual maltreatment by their father, but prosecutors alleged they killed for money.
The archetypal trial, which had abstracted juries for each brother, ended successful mistrials. In 1996, aft the 2nd proceedings -- during which the justice barred overmuch of the enactment maltreatment grounds -- the brothers were convicted and some sentenced to 2 consecutive presumption of beingness without parole.
As the habeas corpus petition moves done the courts, the brothers person 2 different imaginable paths to freedom.
One way is done resentencing. Los Angeles County District Attorney George Gascón announced past period helium was recommending the brothers' condemnation of beingness without the anticipation of parole beryllium removed, and they should alternatively beryllium sentenced for murder, which would beryllium a condemnation of 50 years to life. Because some brothers were nether 26 astatine the clip of the crimes, they would beryllium eligible for parole instantly with the caller sentence.
The DA's bureau said its resentencing recommendations instrumentality into relationship galore factors, including rehabilitation successful prison, and maltreatment oregon trauma that contributed to the crime. Gascón praised the enactment Lyle and Erik Menendez did down bars to rehabilitate themselves and assistance different inmates.
RELATED: Attorney for Menendez brothers reacts to Newsom's comments connected clemency, incoming DA Hochman
Shortly aft Gascón's announcement, helium mislaid his contention for reelection to Nathan Hochman. The incoming DA, who is acceptable to instrumentality bureau connected Dec. 2, said helium plans to work done the grounds -- including confidential situation files and interviews with family, lawyers and instrumentality enforcement -- earlier showing his enactment for resentencing.
The adjacent proceeding successful the resentencing lawsuit is Dec. 11.
The different imaginable way to state is the brothers' petition for clemency, which they've submitted to California Gov. Gavin Newsom.
Last week, Newsom said he'll defer to Hochman's "review and investigation of the Menendez lawsuit anterior to making immoderate clemency decisions."
ABC News' Alex Stone contributed to this report.
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