LyleandErik Menendezwill have to wait until the New Year to find out if they will be released from prison when a judge postponed a scheduled resentencing hearing to January.
Judge Michael Jesic said during the preliminary hearing on Monday, Nov. 25, at Van Nuys Courthouse West in Los Angeles he needed time to review “17 boxes” of evidence.
As a result, Jesic rescheduled the Dec. 11 hearing on potential resentencing to Jan. 30 and 31. The brothers, who are serving life sentences for the1989 murdersof their parents Jose and Kitty, did not appear virtually after it was believed they would.
The postponement came a day before the deadline for the Los Angeles County District Attorney’s Office to submit a response to Menendez brothers' habeas corpus petition, which cited evidence meant to support their longstanding claims that Jose had sexually abused them.
Erik, left, and Lyle Menendez.Ted Soqui/Getty
Ted Soqui/Getty
A spokesperson for the brothers' attorney Mark Geragos tells PEOPLE it is unlikely a resolution for the habeas corpus petition would occur before the January dates.
The court did hear testimony from the brothers' aging family members, includingJoan VanderMolen, Kitty’s sister, who supports Lyle and Erik’s potential release.
Kitty Menendez’s sister, Joan VanderMolen.Apu Gomes/Getty
Apu Gomes/Getty
Lyle and Erik were sentenced to life without parole after they were convicted of murder in 1996, following two trials, the first of which ended in a mistrial. The case has always attracted nationwide attention, which has been renewed following the recent releases of a Netflix documentary and scripted series.
Want to keep up with the latest crime coverage? Sign up forPEOPLE’s free True Crime newsletterfor breaking crime news, ongoing trial coverage and details of intriguing unsolved cases.
Mark Geragos.CAROLINE BREHMAN/EPA-EFE/Shutterstock
CAROLINE BREHMAN/EPA-EFE/Shutterstock
Los Angeles County District Attorney George Gascón has previously announced that he would recommend the brothers be resentenced to 50 years to life, which would make them immediately eligible for parole.
Gascónalso said he supported their request for clemency from California Gov. Gavin Newsom. But the governor has said he would wait for the recommendation of district attorney-elect Nathan Hochman, who defeated Gascón in the November election, before making a decision on clemency.
source: people.com