ABC News November 25, 2024

Menendez brothers' case back in court for hearing regarding petition for review of new evidence

WATCH: Menendez brothers appear in court as judge weighs new evidence

Erik and Lyle Menendez’s infamous case will be back in front of a judge on Monday for a hearing regarding the brothers' habeas corpus petition, which was filed last year for a review of new evidence not presented at trial.

A lottery drawing was held for 16 public seats in the courtroom. Dozens of members of the public arrived early in the morning to wait for a chance to witness the hearing.

Apu Gomes/Getty Images
People receive a number in hopes of watching the proceedings in court at the Van Nuys West Courthouse before a status hearing on the muder conviction of Lyle and Erik Menendez on Nov. 25, 2024 in Van Nuys, California.

One piece of new evidence is allegations from a former member of the boy band Menudo, who revealed last year that he was raped by the brothers' father, Jose Menendez.

The second piece of evidence is a letter Erik Menendez wrote to his cousin eight months before the murders detailing his alleged abuse from his father. The cousin testified about the alleged abuse at trial, but the letter -- which would have corroborated the cousin's testimony -- wasn't found until several years ago, according to the brothers' attorney.

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Erik Menendez with his attorney Leslie Abramson and his brother Lyle Menendez in Los Angeles, March 9, 1994.
MORE: New LA DA Nathan Hochman speaks out on Menendez brothers' fight for freedom

Monday's court appearance is scheduled as a status hearing. Lyle and Erik Menendez are expected to attend remotely.

No decisions are expected to be made Monday, but the brothers could speak and the hearing could shape how their multiple attempted avenues to release move forward.

Daniel Cole/Reuters
Mark Geragos, defense attorney of Erik and Lyle Menendez, arrives to the Van Nuys Courthouse West, on the day of a hearing in the case of Erik and Lyle Menendez on whether to reconsider the first-degree conviction of the Menendez brothers in Los Angeles, Nov. 25, 2024.
Apu Gomes/Getty Images
Joan VanderMolen, the sister of Kitty Menendez arrives at the Van Nuys West Courthouse to attend a status hearing on the murder conviction of Lyle and Erik Menendez on Nov. 25, 2024 in Van Nuys, California.

The case began in 1989, when Lyle Menendez, then 21, and Erik Menendez, then 18, fatally shot their parents, Jose and Kitty Menendez, in the family's Beverly Hills home. The defense claimed the brothers acted in self-defense after enduring years of sexual abuse by their father, but prosecutors alleged they killed for money.

The first trial, which had separate juries for each brother, ended in mistrials. In 1996, after the second trial -- during which the judge barred much of the sex abuse evidence -- the brothers were convicted and both sentenced to two consecutive terms of life without parole.

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Erik Menendez and his brother Lyle (R) listen during a pre-trial hearing, Dec. 29, 1992, in Los Angeles after the two pleaded innocent in the August 1989 shotgun deaths of their parents, Jose and Mary Louise Menendez.
MORE: What's next for the Menendez brothers? A look at their life in prison, 3 paths to freedom

As the habeas corpus petition moves through the courts, the brothers have two other potential paths to freedom.

One path is through resentencing. Los Angeles County District Attorney George Gascón announced last month he was recommending the brothers' sentence of life without the possibility of parole be removed, and they should instead be sentenced for murder, which would be a sentence of 50 years to life. Because both brothers were under 26 at the time of the crimes, they would be eligible for parole immediately with the new sentence.

CRDC
In these booking photos taken Oct. 10, 2024, Erik and Lyle Menendez are shown.

The DA's office said its resentencing recommendations take into account many factors, including rehabilitation in prison, and abuse or trauma that contributed to the crime. Gascón praised the work Lyle and Erik Menendez did behind bars to rehabilitate themselves and help other inmates.

Shortly after Gascón's announcement, he lost his race for reelection to Nathan Hochman. The incoming DA, who is set to take office on Dec. 2, said he plans to read through the evidence -- including confidential prison files and interviews with family, lawyers and law enforcement -- before showing his support for resentencing.

The next hearing in the resentencing case is Dec. 11.

Los Angeles Times via Getty Images
Erik Menendez, left, and is brother Lyle, in front of their Beverly Hills home, Nov. 30, 1989 .

The other possible path to freedom is the brothers' request for clemency, which they've submitted to California Gov. Gavin Newsom.

Last week, Newsom said he'll defer to Hochman's "review and analysis of the Menendez case prior to making any clemency decisions."

ABC News' Alex Stone contributed to this report.