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Decision expected this week in the Menendez brothers’ fight for freedom

If a retrial or resentencing were to be granted, it's possible that the Menendez brothers, who are now in their 50s, could be released from prison due to time served.
Lyle Menendez, left confers with brother Erik during a court appearance, April 2, 1991 in Beverly Hills, California.
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The Menendez brothers will find out if they have a chance of life outside of prison this week.

On Monday, Los Angeles County District Attorney George Gascón told PEOPLE he will announce his decision on whether or not to recommend resentencing for Erik and Lyle Menendez by the end of the week.

Gascón also said he doesn’t believe the brothers are a danger to society, saying, “Quite frankly, they probably haven’t been for a very long time, if they ever were. I think this is not like they were going around killing people or robbing people on the street.”

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If Gascón recommends the brothers be resentenced, the decision would be ultimately up to a judge.

Erik and Lyle Menendez were found guilty of brutally murdering their parents on March 20, 1996, following a second trial. Months later, they were sentenced to life in prison without the possibility of parole.

During their first trial in 1993, both brothers testified they killed their parents, Jose and Kitty Menendez, because they feared for their lives after suffering years of sexual abuse at their hands. Prosecutors argued they killed their parents to gain access to their $14 million inheritance.

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Earlier this month, Gascón announced his office was looking into new evidence in the case, including a letter Erik sent his cousin, Andy Cano, eight months before the murders that his attorneys say proved he was sexually abused by Jose. The office is also reviewing rape allegations against Jose by ex-Menudo member Roy Rosselló.

Family members of the Menendez brothers held a press conference last week calling for their release.

This story was originally published by Ivy Brown at Court TV.