Menendez Brothers Case

Start the countdown for Erik and Lyle Menendez ... the brothers could be released from prison before Christmas ... TMZ has learned.

Sources with direct knowledge tell TMZ ... 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.

Sharon Osbourne says Erik and Lyle Menendez are right where they deserve to be ... in prison.

We got Sharon and her son Jack Osbourne on Tuesday in Larchmont Village and our photog asked them if they thought the Menendez brothers deserve to be set free after spending nearly 35 years behind bars.

Sharon and Jack say the brothers should remain in lockup ... pointing out they shot their parents to death with shotguns ... and they don't think the molestation allegations against Jose Menendez should be enough to spring Erik and Lyle.

Erik and Lyle Menendez are gunning to be released from prison before Thanksgiving and their legal team has a new strategy for freeing the brothers ... seeking clemency from California's governor.

Mark Geragos, the attorney repping the Menendez brothers, joined us Tuesday on "TMZ Live" and told us he's filing documents today asking Gavin Newsom for clemency.

That's pretty significant on its own, and sources connected to the Governor's office tell us they have the clemency petition on their radar ... which is pretty interesting, considering Newsom talked about the Menendez brothers in a recent podcast.

Good news for Erik and Lyle Menendez ... the Los Angeles County District Attorney's Office tells us they're open to considering a change in conviction that would set the brothers free at the bang of a gavel.

Here's the deal ... L.A. County D.A. George Gascón has filed legal docs asking Judge William C. Ryan to resentence the Menendez brothers at a November hearing. If that happens, the brothers would be eligible for immediate parole, but that would require an affirmative ruling by the California Parole Board.

TMZ broke the story, we've learned Erik and Lyle's attorney, Mark Geragos, will ask the judge to change their conviction from murder to voluntary manslaughter ... and under a new law, the judge has the power to do so. If that were to happen, Erik and Lyle would be free men, because the maximum sentence is 11 years and they've served 35 years.

Los Angeles County District Attorney George Gascón is trying to get the Menendez brothers out of prison to score some quick political points ... so says his opponent in November's election.

We spoke with Nathan Hochman, a former Assistant U.S. Attorney General who is running to replace Gascón as L.A. County's D.A., on "TMZ Live" Friday ... and, he tells us he finds the timing of GG's announcement "incredibly suspicious."

Hochman points out the habeas writ was filed last year in May, and the motion for resentencing was filed in February ... so, if D.A. Gascón really thought Erik and Lyle deserved to get out of jail, Hochman asks, why did he wait to advocate for it?

The Menendez brothers' prison is taking no chances with security threats following the major update in the infamous siblings' case ... TMZ has learned.

A source within the California Department of Corrections tells TMZ ... prison security has been beefed up after L.A. County D.A. George Gascón's announcement, in which he confirmed he would ask a judge to resentence Erik and Lyle Menendez -- who are currently serving life without the possibility of parole sentences for the 1989 murders of their parents, Kitty and José Menendez. Gascon filed the document officially asking a judge to resentence them Thursday evening.

We're told guards are working overtime to keep everyone safe inside the prison ... as well as outside the facility, given the likelihood that lookyloos will descend upon the Richard J. Donovan Correctional Facility in San Diego County.

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.

The Menendez brothers may have just caught a break in their resentencing ... because the judge in their case is notoriously liberal -- and, local attorneys say he's letting them out.

Judge William C. Ryan of the Los Angeles County Superior Court has been assigned the Menendez case ... and, we've talked to a number of prominent attorneys who have argued before this judge and personally know him, and they all highlight his fairness and open-minded nature.

We're told he's smart and fearless ... and supervising judges like to assign him sensitive cases other judges would be afraid to handle.

The Menendez brothers are one step closer to their potential freedom ... but L.A. County D.A. George Gascón, who’s recommending the resentencing, is rejecting calls that he’s letting them off the hook.

Gascón spoke to "Good Morning America" Friday, following his big announcement yesterday -- and he made it clear that despite the good news for Lyle and Erik, the murders of their parents, Kitty and José, were brutal acts, and morally they haven't been given a free pass.

He explained his recommendation for their release is based on the belief that the brothers are not the same people they were at the time of the brutal murders 35 years ago ... as they've spent a lot of time doing good works while behind bars.

The Menendez brothers are a step closer to potentially getting out of prison ... because Los Angeles' District Attorney just filed the document officially asking a judge to resentence them.

D.A. George Gascón filed the motion mere minutes ago ... asking a judge to change the brothers' sentences from life without the possibility of parole to life with the possibility of parole. Because of time served, this would allow them to potentially be released from prison immediately.

It's a long document ... but, basically, the D.A.'s office says Erik and Lyle have been upstanding inmates and no longer present a risk to public safety -- so, there's no reason to keep them locked up.

Gypsy Rose Blanchard's telling the Menendez brothers to tread carefully ... because while people are currently advocating for them, she knows from personal experience it won't always be like that.

We spoke with Gypsy, and she tells us she hopes all the facts of their case are taken into account, and they have a peaceful transition back into society if they're released following Los Angeles District Attorney George Gascón's decision to advocate for resentencing.

That said, GRB says she worries society's building them up only to tear them down just like she says they've done to her.

The Menendez brothers' possible resentencing is music to Lyle’s first wife’s ears ... 'cause she tells TMZ she’s still standing by the pair, despite her own rocky history with her ex-hubby.

Anna Eriksson, who was married to Lyle from 1996 to 2001, tells TMZ that even though Lyle shattered her trust when a misdirected letter revealed he had feelings for someone else, it doesn’t change her stance -- she still believes the brothers should be freed.

Anna gives us more insight into her heartbreak, admitting she actually fainted when she found out Lyle was all in for someone else. Even though he wanted to work things out, she wasn’t having it -- she says she told him he taught her not to put up with things like that -- and she filed for divorce.

Kim Kardashian is thrilled the Menendez bros have a shot at freedom, and she's singling out Ryan Murphy as a judicial influencer who got the D.A. to act.

Fact is ... there was a hearing set for Erik and Lyle Menendez to make their case long before Murphy's 'Monsters' dropped on Netflix. But L.A. County D.A. George Gascón did make a point that he accelerated the process because of public interest in the wake of the documentary -- presumably he's referring to the Paramount doc.

As for Kim, she was effusive ... "Thank you, George Gascon, for revisiting the Menendez brothers' case and righting a significant wrong."

A former classmate of Erik Menendez who went viral when her daughter posted a video of her yearbook says she hopes he and his brother Lyle are released from prison.

Earlier this month, a woman named Hannah Ellenhorn posted a TikTok showing off her mother's yearbook -- which features Erik, Bill Clinton's White House intern Monica Lewinsky, and "Shahs of Sunset" star Reza Farahan.

People online freaked out over the star power in just one high school class from Beverly Hills High School ... and, we caught up with Hannah's mom -- Edith Ellenhorn -- ahead of Los Angeles County District Attorney George Gascón's decision of the Menendez brothers' case.

Erik and Lyle Menendez are currently awaiting word from L.A. County D.A. George Gascón for an important case update ... but their fellow inmates are already acting like they're getting out, TMZ has learned.

A source inside the Richard J. Donovan Correctional Facility tells TMZ ... prisoners are already lining up and calling dibs on the Menendez brothers' property on the inside ... all in the hope of scoring a famed memento or two.

We're told everything -- from clothing items to their TVs -- is up for grabs right now, despite that being a prison no-no.

Some cops in Beverly Hills aren't happy Erik and Lyle Menendez could possibly be released ... with some officers going as far as blasting it as a political move.

Law enforcement sources tell TMZ ... several officers with the Beverly Hills Police Department -- the city where the Menendez brothers murders occurred -- say Los Angeles County District Attorney George Gascón is trying to win political points by letting the brothers out of prison.

He's fallen behind in the polls to his opponent for the position, Nathan Hochman, and some officers see this as a big swing to get himself back in the race.