The Menendez brothers, who appear in court as judges, will weigh new evidence

Convicted murderers Erik and Lyle Menendez were scheduled to appear in court Monday bid for release from prison where they are serving life sentences without parole for the highly publicized shotgun murders of their parentsJose and Kitty Menendez at the family’s Beverly Hills home 35 years ago.

Lyle was 21 and Erik 18 at the time of the murders. A jury found the brothers guilty in 1996 after their first trial ended in a mistrial.

Los Angeles Superior Court Judge Michael Jesic will decide whether there is new evidence to support the claims sexually and physically abused by their father, a wealthy music industry executive, is enough to re-examine the case.

During the trial, attorneys argued that the brothers acted in self-defense and said they were sexually abused by both parents. The brothers had confronted their parents and believed their parents would kill them to prevent them from disclosing the abuse, their lawyers argued.

Prosecutors dismissed the abuse claims as untrue at the time. Among the new evidence is a letter Erik Menendez allegedly wrote to his cousin eight months before the murders, detailing alleged abuse.

A series of appeals, documentaries and podcasts since their convictions have kept the case in the spotlight. Their plea for release gained momentum last month after Los Angeles District Attorney George Gascón has petitioned the court to convict the men to 50 years to life on two counts of first-degree murder.

Under California law, they would be eligible for juvenile parole since they were under 26 years old at the time of the crime and have already served 30 years in prison. A hearing on that request is scheduled for December 11.

Gascón also cited the brothers’ “commitment to rehabilitation” in letters to California Governor Gavin Newsom expressing “strong support” for clemency. Newsom declined to make a decision last week on leniency, saying he wanted to provide for the new prosecutor Nathan Hochman with the opportunity to review the case.

Hochman, who defeated Gascón in last month’s election, has vowed to get tough on crime. He has said he will review the Menendez case when he takes office on December 3.

While in prison, Lyle, now 56, earned an associate degree in sociology from Southwestern College and then graduated from the University of California, Irvine with a bachelor’s degree. He also created four prison programs to help fellow inmates and created and wrote the WIRE bulletin that communicates Inmate Advisory Council matters to the inmate population, Gascón wrote.

Erik, 53, also earned an associate degree in sociology and has been admitted to the University of California. In 2022, he earned a certificate in American Sign Language proficiency from Southwestern College. He has created five prison programs, Gascón said.