LOS ANGELES (KABC) — Erik and Lyle Menendez are approaching a significant milestone with their parole hearing, a crucial step in their attempt to gain freedom after 35 years of imprisonment.
Though the brothers will be at the Richard J. Donovan Correctional Facility in San Diego for their respective parole hearings, these will occur Thursday and Friday via video link.
Here’s a full breakdown of what to expect and what led up to this point.
Their attorney Mark Geragos said “first day will be Erik, second day will be Lyle.”
“Each day will feature different parole board members and distinct lawyers from the District Attorney’s office,” Geragos noted. “Each brother will have his unique hearing. They are judged independently.”
The panels will include one or two parole board commissioners and a deputy commissioner. Commissioners are appointed by the governor for three-year terms. Deputy commissioners are board-employed administrative law judges.
They will decide whether the brothers will walk free after more than three decades in prison for the 1989 murders of their parents.
As the panel assesses whether the Menendez brothers continue to pose a danger to society or if they are eligible for release, they will weigh multiple factors.
These factors comprise their criminal background, behavior in prison, and personal statements, along with input from Los Angeles County District Attorney Nathan Hochman’s office and the public.
How long each hearing lasts depends on various circumstances, but the average length is 2-3 hours.
What happens after the parole hearing?
If parole is denied for either brother, they can ask the Board to review the case for errors of fact and to see if corrected, would that lead to a different outcome.
If parole is granted, the parole board’s chief counsel will take up to 120 days following the hearing to review the decision for legal or factual errors.
If the parole approval is upheld, the case is sent to .Gov. Gavin Newsom. Newsom will then have 30 days to either grant the parole, reverse the decision or modify it.
If granted parole, they’d be eligible for release immediately after the decision is finalized, which takes about five months, according to the CDCR.
“Newsom can also exercise his clemency power to pardon or release the Menendez brothers at any time,” the DA’s office said.
ABC News contributed to this report.
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