Menendez brothers sentencing hearing delayed as murderers to spend another Christmas behind bars

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The resentencing for Erik and Joseph "Lyle" Mendez, who have been serving life without parole over the 1989 murders of their parents, has been delayed by a US judge.

The scheduled hearing was pushed back until late January after Los Angeles Judge Michael Jesic said he would not be ready for the previously scheduled hearing. The brothers tried to join their resentencing proceeding video but technical difficulties led the two to use a phone to listen, the Mirror reports.

Either January 30 or 31 is the new new preliminary resentencing date for both brothers who are serving life without parole for the murdering their parents Kitty and Jose Menendez. They were last seen together in court in 1996 for their second trial for the murders. Attorney Bryan Freedman, representing the brothers' family, told TMZ today that "some developments" might come through.

He also said that he was "feeling good" and was confident in having "success" for Erik and Lyle's hopes for release. Freedman said he did not have any concerns about incoming County District Attorney Nathan Hochman stamping his own approach on the case.

Current District Attorney George Gascón wanted to lower the brothers' sentences to 50 years to life. This would, in turn, make the brothers eligible for parole as they have already served several decades.

Gascón said: "After a very careful review of all the arguments made...I came to a place where I believe that, under the law, resentencing is appropriate and I'm going to recommend that to a court tomorrow.

"I do believe the brothers were subjected to a tremendous amount of dysfunction in the home, and molestation. They have been in prison for nearly 35 years. I believe that they have paid their debt to society."

If the incoming District Attorney agrees then the brothers could be released immediately as they have been in jail for more than three times the 11-year maximum sentence for manslaughter.

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