Menendez Brothers Could Be Freed by Judge, Not Parole Board

The judge who will decide the fate of Erik and Lyle Menendez could do way more than what the D.A. is asking for ... he could free them the very day he hears their case.

As we reported, L.A. County D.A. George Gascón has filed legal docs asking Judge William C. Ryan to resentence the Menendez brothers. Based on a new law, the judge could change their sentence -- life without the possibility of parole -- to the possibility of immediately winning parole.

Thing is ... for Gascón to get his way, the Parole Board would have to hold a hearing and then decide if Erik and Lyle have been rehabilitated and are no longer a threat to society.

But get this ... we checked the law, and the judge has the power to actually change the conviction from murder to voluntary manslaughter given the new evidence and the interest of justice.

In California, the maximum sentence for voluntary manslaughter is 11 years -- the brothers have served nearly 35 years, so they would be instantly free men after the hearing.

Los Angeles attorney Mike Cavalluzzi joined TMZ Live and said this is the best case scenario for the Menendez brothers.

Sources with direct knowledge tell TMZ ... Erik and Lyle's attorney, Mark Geragos, will ask the judge to do just that ... change the conviction to voluntary manslaughter. Given the way Gascón described the case, it seems unlikely he'd mount an objection.

As we reported, L.A. County Superior Court Judge Ryan has a reputation for fearlessness -- not afraid to reverse another judge's ruling when he feels it was wrong ... so he may be the perfect judge for the brothers.