The infamous killer Menendez brothers, who brutally slayed their parents with a shotgun inside their Beverly Hills home more than 35 years ago, have an entirely new path to freedom after a judge’s order last week. 

Brian Wice is a Houston-based post-conviction attorney who says that the brothers scored a new victory that is completely separate from their current bid for parole. 

“If habeas relief is granted, this is not a resentencing,” Wice told Fox News Digital. “This is an entirely new trial.”

Trial of the Menendez brothers in Los Angeles – From left to right : Erik Menendez with his attorney: Leslie Abramson and his brother Lyle Menendez. Los Angeles, 9th March 1994.  (Ted Soqui/Sygma via Getty Images)

Wice stressed that it’s not an easy path forward for the brothers, and that a new trial is the light at the end of a long tunnel. 

“Essentially, this is your last ditch, all hands on deck, let’s see what we can do to create a miracle, kind of context,” he said.

If the trial judge were to grant the habeas petition in favor of the brothers, vacating their conviction, that decision would then be reviewed by the California Court of Appeals, and after that, the California Supreme Court, Wice said. Either of those entities could say the trial judge erred in his or her decision, and refuse the brothers’ opportunity for a new trial. 

“They’re in a position to win, and like I said, in the context of habeas, it’s survive and advance,” Wice said, using a basketball analogy. “They survive and advance to another round. Are they going to cut down? Who knows?”

Attorney Mark Geragos outside of court for the resentencing hearing for Erik and Lyle Menendez in Van Nuys, CA, Tuesday, May 13, 2025. (Derek Shook for Fox News Digital)

Meanwhile, the brothers will appear before a parole board and plead their case for freedom in August. They were resentenced from life without parole to fifty years with the possibility of parole in May. 

Fox News Digital reached out to Los Angeles County District Attorney Nathan Hochman’s office for comment.