Brothers Erik and Joseph Menendez were convicted of killing both of their parents with a shotgun back in 1989 – the brothers claimed self-defence, but they were sentenced over the murders

A US judge has delayed the resentencing hearing for Erik and Joseph “Lyle” Mendez who have been serving life without parole over the 1989 murders of their parents.

Los Angeles Judge Michael Jesic said he would not be ready for the previously scheduled hearing and that it would need to be pushed back until late January. The brothers tried to join their resentencing proceeding video video but technical difficulties led the two to use a phone to listen.

The new preliminary resentencing date has been scheduled for either January 30 or 31. Both brothers are serving life without parole for the murdering their parents Kitty and Jose Menendez.

They were last seen together in court in 1996 for their second trial for the murders. Attorney Bryan Freedman, representing the brothers’ family, told TMZ today that “some developments” might come through.

He also said that he was “feeling good” and was confident in having “success” for Erik and Lyle’s hopes for release. Freedman told TMZ said he did not have any concerns about incoming County District Attorney Nathan Hochman stamping his own approach on the case.

Current District Attorney George Gascón wanted to lower the brothers’ sentences to 50 years to life. This would, in turn, make the brothers eligible for parole as they have already served several decades.

“After a very careful review of all the arguments made…I came to a place where I believe that, under the law, resentencing is appropriate and I’m going to recommend that to a court tomorrow.

“I do believe the brothers were subjected to a tremendous amount of dysfunction in the home, and molestation. They have been in prison for nearly 35 years. I believe that they have paid their debt to society,” Gascón said.

Should the incoming District Attorney agree then the brothers could be released immediately as they have been in jail for more than three times the 11-year maximum sentence for manslaughter.

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