The Menendez brothers will appear in court for the first time in 28 years.

LOS ANGELES (AP) — A judge will decide Monday whether new evidence warrants a reconsideration of the convictions of Erik and Lyle Menendez in the shotgun slayings of their parents in their Beverly Hills home more than 30 years ago.

The brothers were convicted of the murders of Jose and Kitty Menendez in 1989 and sentenced to life in prison without parole. Although their lawyers argued at trial that they were sexually abused by their father, prosecutors denied this and accused them of killing their parents for money. In subsequent years, they unsuccessfully appealed their convictions several times.

Now, at 53 and 56, Erik and Lyle Menendez are making a new bid for freedom. Their lawyers filed a petition for habeas corpus—a request for a court to review whether someone is lawfully detained—in May 2023, asking the judge to consider new evidence of sexual abuse against their father. “The newly discovered evidence directly supports the defense’s case presented at trial,” the petition states.

The recent release of the Netflix drama “Monsters: The Lyle and Erik Menendez Story” and the 2024 documentary “The Menendez Brothers” has brought their plight back into the public eye. Members of the public will be given the opportunity to win a seat in the courtroom to catch a glimpse of the brothers, who will appear virtually.

Last month, prosecutors recommended resentencing the brothers, saying they had worked toward redemption and rehabilitation and had demonstrated good behavior in prison.

Los Angeles District Attorney George Gascón held a news conference less than two weeks before Election Day, demanding new sentences ranging from 50 years to life in prison. This could make them eligible for immediate parole because they were under 26 when they killed their parents.

Superior Court Judge Michael Jesich is scheduled to hear the motion for reconsideration on Dec. 11, but on Monday he will first consider evidence of abuse presented in the habeas petition. Immediate freedom is one possible outcome; the judge may also evaluate the merits of the evidence. And if the brothers don’t get help in court, they can hope the California governor will pardon them.

The new evidence includes a letter Erik Menendez wrote in 1988 to his uncle Andy Cano, describing the sexual abuse he suffered at the hands of his father. The brothers asked their lawyers about it after it was mentioned in a 2015 Barbara Walters television special. The lawyers were unaware of the letter and realized it was not presented at the trial, making it effectively new evidence that they say supports allegations that Eric was sexually abused by his father.

More new evidence emerged when Roy Rosselló, a former member of the Latin pop group Menudo, recently claimed that he was drugged and raped by Jose Menendez, the boys’ father, as a teenager in the 1980s. Menudo was signed to RCA Records, where José Menendez was chief operating officer.

Rossello spoke about his abuse in Peacock’s documentary series “Menendez + Menudo: The Devoted Boys” and provided a signed statement to the brothers’ lawyers.

If these two pieces of evidence had been available during the brothers’ trial, prosecutors would not have been able to argue that there was no evidence of sexual abuse or that their father, Jose Menendez, was not the “person who” abused the children. is alleged in the petition.

While pardons could be another path to freedom for the brothers, California Gov. Gavin Newsom said last week he would not make a decision until new Los Angeles District Attorney Nathan Hochman reviews the case. Hochman, a Republican-turned-independent who unseated the progressive Gascón on Dec. 2, said he wants to carefully review the evidence before making any decisions.

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