A judge on Friday denied the Los Angeles County District Attorney’s Office’s request to withdraw a previous motion that supported re-sentencing Erik and Lyle Menendez for murdering their parents in 1989.
The brothers are serving life without parole for the 1989 shotgun murders of Jose and Kitty Menendez inside their Beverly Hills homes.
Friday’s ruling paves the way for a re-sentencing hearing set to begin next Thursday in Van Nuys.
The brothers’ attorneys are attempting to have them re-sentenced to a lesser term, potentially allowing for their immediate release from prison.
Former D.A. George Gascón asked a judge last year to change the brothers’ sentence from life without the possibility of parole to 50 years to life. That would make them immediately eligible for parole because they committed the crime when they were younger than 26.
Hochman, however, reversed course in a motion last month to withdraw the resentencing request.
Despite Hochman’s opposition, Los Angeles County Superior Court Judge Michael Jesic ruled that the court could move forward with the hearing.
“Everything you argued today is absolutely fair game for the resentencing hearing next Thursday,” Jesic said.
Hochman’s office said they could not support the brothers’ resentencing because they had not admitted to lies told during their trial about why they killed their parents and did not “fully recognize, acknowledge, and accept complete responsibility” for their crime.
The Associated Press contributed to this report.
Stay with KTLA 5 News for updates on this developing story.
