A Los Angeles judge is presiding over the resentencing hearing that is expected to last two days.

If their sentences are reduced, they would still require authorization from the state’s parole board to be released from prison, potentially allowing them to go free based on time already served.

The broader Menendez family, apart from an uncle who passed away in March, has expressed complete forgiveness for the brothers’ actions and desires their release.

Since their conviction, the brothers have gotten an education, participated in self-help classes and started various support groups for their fellow inmates.

The new LA prosecutor changed course

The current district attorney Nathan Hochman reversed course from Gascón and opposed the brothers’ resentencing.

Hochman’s office has said it does not believe that the brothers were sexually abused by their father.

Prosecutors also say the brothers have not admitted to lying during their trial.

Outside the courthouse Tuesday morning, Hochman said he believes the brothers are not ready for resentencing because “they have not come clean” about their crimes.

“Our position is not ‘no,’ it’s not ‘never,’ it’s ‘not yet,'” Hochman said.

“They have not fully accepted responsibility for all their criminal conduct.”

Recently, prosecutors cited the forensic psychologist’s analysis that said the brothers had recently broken prison rules by smuggling cellphones inside, which Hochman argued demonstrated an inability to regulate their own behaviour.

It came to the conclusion that they were “moderately more likely” than others to engage in violence in the community, Hochman said.

With Hochman in charge, prosecutors attempted twice to withdraw their office’s resentencing petition. Los Angeles County Superior Court Judge Michael Jesic ruled both times that the resentencing hearings could continue despite their opposition.

The judge could decide on the resentencing from the bench during the hearing or issue a written ruling later.