LOS ANGELES – As the fate of the Menendez brothers is paused for another month, a legal analyst and trial lawyer says the fact that their freedom is even a discussion is thanks to a new law signed in by Gov. Gavin Newsom. 

Roger Bonakdar, a California-based attorney, shared with Fox News Digital that after nearly 35 years behind bars, Erik and Lyle Menendez were given new hope to leave prison behind thanks to former Los Angeles County George Gascon and the passing of AB 600. 

The law allows individuals who remain incarcerated under sentences that were imposed when harsher, less flexible laws were in effect, to petition for a review of their sentences, so they can benefit from more recent legislative reforms that focus on rehabilitation, according to the law’s text. 

“What’s happening is that the prior DA Gascon, infamous for certain policies and practices that he instituted in LA County which many credit with the explosion of violent crime and theft in LA, had filed a motion with the court to have the Menendez brothers re-sentenced,” Bonakdar explained.

There was also an accusation of a Marsy’s Law violation, which protects victims’ families, that took place when prosecutors showed graphic crime scene photos of the murder, that led to the hospitalization of an elderly aunt of the brothers, and something that family members claimed that they had never seen in 35 years. 

Hochman’s office said prosecutors did not intend to “cause distress or pain” to those in attendance at the hearing.

“To the extent that the photographic depiction of this conduct upset any of the Menendez family members present in court, we apologize for not giving prior warning that the conduct would be described in detail not only in words but also through a crime scene photo,” Hochman’s office wrote in a previous statement shared with Fox News Digital. 

The judge declined the Menendez team’s request for the DA to be admonished for showing the crime photos, but asked both sides to provide warning.

“It is extremely rare…where you have victims also supporting the defendants,” Jesic said. “I didn’t even think about it when the picture went up.”

“It was a gruesome murder,” he continued. “If anyone is uncomfortable, maybe they shouldn’t be here.”

Lyle and Erik Menendez will be back in court on May 9 as the decision of whether they will be released hangs in the balance. 

They are already scheduled to appear before the parole board on June 13 as part of the CRA report ordered by Newsom, who is considering the brothers’ clemency request – a separate potential path out of prison.

Fox News Digital reached out to Newsom’s office for comment. 

Fox News Digital’s Sarah Rumpf-Whitten and Michael Ruiz contributed to this report.