The fate of the Menendez brothers is one step closer to a decision as the possibility of being freed from prison could soon become a reality. 

A judge will consider Los Angeles County District Attorney Nathan Hochman’s request to withdraw his predecessor George Gascon’s motion to resentence Erik and Lyle Menendez on Friday, days before their resentencing hearing is set to take place.

Friday’s hearing is set for 10 a.m. local time, when the brothers are expected to appear remotely.

Hochman announced on Wednesday that his office has filed a reply on the resentencing matter, saying he does not agree with the resentencing, but is prepared to move forward. The brothers’ attorneys have argued they should have been convicted of manslaughter rather than murder, in which case they would already have been released from prison. 

Their first trial ended in a mistrial, when jurors couldn’t agree on their fate. After a second trial in the mid-1990s, in which some of their evidence about the alleged sexual abuse was excluded, jurors agreed with prosecutors that their motive was greed. 

If the judge decides to resentence the Menendez brothers, it will then be up to the state parole board to consider their release.   

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

“Be careful what you wish for, because I think, in the end, the way this plays out is the Menendez brothers are likely to be granted parole either through resentencing or clemency from Newsom,” Claypool said. 

Fox News Digital reached out to Newsom’s office and the Menendez brothers’ attorneys for comment. 

Fox News Digital’s Michael Ruiz and Ashley Papa contributed to this report.