The resentencing hearing will determine whether the pair should be resentenced to a lesser penalty. If approved, the brothers could become eligible for parole - potentially allowing their freedom.

The new Los Angeles district attorney has submitted a motion to withdraw a request to resentence the brothers.

Lyle and Erik Menendez are set to return to court on Thursday for a high-stakes resentencing hearing that could bring them one step closer to potential freedom, despite objections from Los Angeles County District Attorney Nathan Hochman.