Start the countdown for Erik and Lyle Menendez … the brothers could be released from prison before Christmas … our team has learned.
Sources with direct knowledge tell us … The Menendez brothers’ lawyers will be in court December 11, where a judge will make a decision that could set them free immediately thereafter.
Our sources say the hearing date was scheduled during a meeting Wednesday between Erik and Lyle’s defense team, prosecutors and the new judge assigned to their case, Michael V. Jesic of the Los Angeles County Superior Court.
TMZ broke the story … Erik and Lyle’s attorney, Mark Geragos, will ask the judge to change their conviction from murder to manslaughter. As we first reported, the D.A.’s Office tells us they are open to the change. If the judge signs off, the brothers would be free men immediately, because they would have served 3 times the maximum for manslaughter.
There are 2 other pathways to freedom for the Menendez brothers.
L.A. County D.A. George Gascón is asking for resentencing, requesting the judge rescind their life sentence without the possibility of parole and instead sentence the brothers to 50 years to life, which under the law would make them immediately eligible for parole.
In this scenario, the parole board would need to get involved … and it could take upwards of 6 months to get a decision.
The other option is clemency … which would involve California Governor Gavin Newsom.
Geragos told us he’s submitting a petition for clemency … and if Newsom commutes their sentence, Erik and Lyle would walk free.
Lots of moving parts here, but things are picking up fast … and it’s looking like the brothers could be home for the holidays. Of course, the judge could take the whole matter under advisement after the hearing and noodle on his decision, which could delay things a bit.
