Menendez brothers' prison release 'not a guarantee,' legal expert says

The Menendez brothers are a step closer to being released from prison, though a legal expert warns that it is going to be a "long process."

Los Angeles County District Attorney George Gascón announced his support for the resentencing of Erik and Lyle Menendez on Thursday, kicking off that process. The brothers were sentenced to life in prison without the possibility of parole in 1996 for the murder of their parents.

As new evidence has surfaced, suggesting that their father may have been sexually abusive, Gascón says the brothers have "paid their debts to society" for the admittedly heinous crimes.

So what needs to happen for Erik and Lyle to get out of prison? A lot, says former federal prosecutor Stephen Cazares.

"It's a much more involved process than I think most people recognize," Cazares said on Saturday morning.

The first hearing in the process is scheduled for Nov. 26 in front of Judge William Ryan, who Cazares said is a "very fair judge."

"The brothers are lucky to be in front of that judge," he said. "But that's just going to be the start of this long process."

While the recommendation from the DA is huge and a fair judge could be seen as favorable for the brothers, their potential release is far from a sure thing.

Cazares said the initial hearing could be "dicey" for the brothers.

"[Gascón's] going to allow some persons in his office who object, who don't agree, he's going to allow them to voice an objection," Cazares said. "So it's going to be a little dicey in that initial hearing in front of Judge Ryan to get that resentencing."

If Judge Ryan agrees to let the case go to resentencing, the brothers will then face even more scrutiny in the form of witnesses and others who may oppose their release. And if they make it past that process successfully, they'd then need to go in front of a parole board, Cazares said.

Those public hearings could show the swing in public perception of abuse and sex crimes over the last 30 years, he said. That, added with the fact that the brothers were "model prisoners" according to the DA could add to their likelihood of being released.

"I think ultimately, they will likely get a reduction, but it's not a guarantee," he added. "