Erik and Lyle Menendez’s sentencing hearing is set for Dec. 11, when a judge will decide whether they will have a chance at freedom after spending 34 years behind bars for the 1989 shotgun murders of their parents at their home in Beverly Hills.

The date was set Wednesday by Los Angeles County Superior Court Judge Michael Jesic after prosecutors filed a recommendation for sibling resentment last week. After an initial hung jury trial for each of the siblings, they were convicted of murdering their parents, Kitty and Jose Menendez, and sentenced to life in prison without parole.

Lawyers for the brothers never disputed that the pair killed their parents, but argued that they acted in self-defense after years of emotional and sexual abuse from their father. Much of the abuse evidence was excluded from the second trial.

Los Angeles County District Attorney George Gascón said his office would recommend the brothers be sentenced to 50 years to life, which would make them immediately eligible for parole because they were under 26 when they were sentenced. committed the crime.

If the judge approves the resentencing, the brothers will still need a state parole board to grant them release. California Governor Gavin Newsom then has 150 days to review his decision.

Mr. Gascón said he considered several factors when making his recommendation, including the brothers’ rehabilitation in prison. In documents filed by his office, prosecutors pointed to the brothers’ educational achievements — both earned multiple degrees — and contributions to the community, such as a prison beautification program started by Lyle Menendez.

Several generations of Erik and Lyle Menendez’s family members have advocated for the brothers’ release from prison, saying they deserve to be released because they were “brutalized” and sexually abused by their father.

However, not everyone in Mr. Gascón’s office agreed with his decision. One of the brothers’ uncles he wants to stay in prison. Those who oppose the conviction will likely have the opportunity to argue their case before the judge.

Their attorneys said the brothers will also have a hearing Nov. 25 on a habeas petition filed last year that asks the court to consider new evidence not previously introduced at the second trial. This could be yet another path to freedom.

The brothers also submitted a request to Mr. Newsom for clemency earlier this week. Mr. Gascón said Wednesday that he supports the request and that his office has sent letters of support to the governor.

“They served 34 years and continued their education and worked to create new programs to support the rehabilitation of their fellow inmates,” Mr. Gascón said in a statement.

Mr. Newsom recently mentioned the case on iHeartRadio’s Politickin podcast and said he was looking into the matter. He noted that the Netflix drama Monsters: The Story of Lyle and Erik Menendez drew attention to the case, even his children asked him about it, and that his team reviewed Mr. Gascón’s decision.

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