ERIK and Lyle Menendez will finally get their resentencing hearing, despite a last-ditch report that highlighted all of their mistakes behind bars.

After months of delays and legal battles, the two could actually see freedom.

Addressing the reporters at the courthouse, Nathan Hochman, the Los Angeles County District Attorney, clarified that the brothers have been assessed as posing a moderate risk for violence in their most recent evaluation.

This determination followed a psychologist’s discussion of Lyle’s behavior in prison, including hiding a cellphone, which he allegedly used to initiate a relationship with a 21-year-old student from the UK.

The expert proposed that Lyle’s willingness to jeopardize his resentencing by acquiring the phone could suggest potential for more unlawful behavior if released, as noted by Hochman.

Hochman said that the risk assessment and a “variety of rule violations” were clear signs that the brothers aren’t ready to be released, and asked the judge to halt proceedings.

“The issue with the Menendez brothers is not never, that they should never qualify for resentencing. We said that it’s not yet,” he said.

However, despite Hochman’s final plea, the judge determined that none of the information in the risk assessment was new, and set the dates.

Now, the brothers are set to return to the Los Angeles, California, courthouse on May 13 and 14 for continued resentencing proceedings.