A Los Angeles judge will preside over the resentencing hearing that is expected to last two days. If he shortens their sentences, the brothers would still need approval from the state’s parole board to get out of prison. They could then potentially go free on time served.

Erik and Lyle Menendez 's much-anticipated resentencing hearing will be held Tuesday and Wednesday with lawyers set to battle over whether the brothers should get a lesser sentence, clearing the way for a potential release from prison. Defense attorney Mark Geragos, who is pushing for their release, said he plans to call seven witnesses.

Erik and Lyle Menendez are in court regarding their Comprehensive Risk Assessments which indicate the brother's pose a 'moderate risk' to the general public if released from prison. The Menendez brother's parents,