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Menendez brothers set to appear virtually in court hearing Monday with clemency decision uncertain

The hearing comes after California Gov. Gavin Newsom said he won't make a decision on whether to grant the brothers clemency until a newly-elected district attorney can review the decades-old case.
File photo of brothers Lyle Menendez, left, and Erik Menendez at a 1991 court hearing.
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A hearing is scheduled Monday in the case against Erik and Lyle Menendez, two brothers who were convicted of murdering their parents in their Beverly Hills home nearly 35 years ago.

According to the Los Angeles County Superior Court, the status hearing is set to begin at 10:30 a.m. local time.

Officials said just 16 seats in the courtroom will be made available to the public, and a lottery will be conducted prior to the hearing to determine who will be granted access.

"All approvals for courtroom seating for the media have been distributed by the Court's Communications Office," the court stated in a press release. "No further requests for courtroom media seating will be accepted."

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Officials said lottery winners will be issued badges that are non-transferable and must be worn at all times in the courthouse. No photography, video or recording is allowed inside the courthouse at any time and all cell phones must be kept off and out of site.

The Menendez brothers were found guilty in the 1989 murders of their parents, Jose and Kitty Menendez, and were sentenced to life in prison without the possibility of parole. However, family members argue that the boys had a history of sexual abuse at the hands of their father, and much of that evidence was never presented to the jury.

In October, current Los Angeles District Attorney George Gascón advocated for re-sentencing the Menendez brothers in light of new evidence — including a letter written by Erik Menendez, alluding to abuse he endured prior to the murders.

However, Gascón recently lost his reelection bid to District Attorney-elect Nathan Hochman. And California Gov. Gavin Newsom said a decision on whether to resentence the Menendez brothers won't happen until Hochman reviews the case.

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“The governor respects the role of the district attorney in ensuring justice is served and recognizes that voters have entrusted District Attorney-elect Hochman to carry out this responsibility,” the governor’s office said in a statement obtained by The Associated Press. “The governor will defer to the DA-elect’s review and analysis of the Menendez case prior to making any clemency decisions.”

Lyle and Erik, who were 21 and 18 years old at the time of the killings have spent nearly 35 years behind bars for the murders. If resentenced, it's possible that the brothers, who are now in their 50s, could be released due to time served.

Both brothers remain incarcerated at California's RJ Donovan Correctional Facility, according to the California Department of Corrections.

In the decades since their arrest, their case has continued to transfix the true-crime world — most recently with a Netflix series titled "Monsters: The Lyle and Erik Menendez Story."