Erik and Lyle Menendez will have a new day in court on December 11th when Los Angeles County Dist. Atty. George Gascón will ask a judge to convict them of the brutal murders of their parents – raising the possibility that they could be released after 35 years behind bars.

Los Angeles County Superior Court Judge Michael Jesic set that date for a hearing in Van Nuys on the district attorney's proposal to change the brothers' sentences in the 1989 shotgun murders of Jose and Kitty Menendez at their Beverly Hills home . After a mistrial, the two were convicted of murder under special circumstances in a second trial in 1996, meaning they were ineligible for parole.

Gascón said last week he would seek re-sentencing of the two on a simple murder charge, a change that would allow them parole because the brothers committed the murders when they were under 26.

The brothers will also face a habeas hearing on Nov. 25, according to their attorney Mark Geragos.

Geragos said he will ask the judge at the November hearing to convict her of manslaughter – a move that could result in immediate release. Geragos said he wants the brothers home for Thanksgiving and will also seek clemency from Gov. Gavin Newsom, who confirmed in a podcast last weekend that he was looking into the matter, and the Netflix docudrama “Monsters: The Ones.” Story of Lyle and Erik Menendez” mentioned.

“I met with the team that put the series together about nine months ago and they gave me a heads up,” Newsom said. “They said, 'Look at what happens after this series comes out because it's going to spark a lot more discussion about whether these guys should be released or resentenced.' And here we are, barely months later, in fast-track proceedings.”

Gascón's announcement last week was praised by the brothers' prominent supporters and relatives – and condemned by critics who believe it was designed to boost his flagging re-election. But as Gascón made clear during a news conference, the brothers' hopes for release still depend on the decisions of others, including the judge, the state parole board, Newsom and the possible inauguration of a new district attorney in December.

In a 57-page motion released late Thursday, Gascón's office argued that given their exemplary behavior in custody, the brothers no longer posed a threat to public safety and should be released.

Both brothers married and earned college degrees in prison, the application says, and started programs that benefited other inmates, including meditation groups and a “green space” project. Correctional staff rarely had to discipline them, and only one allegation of violence was made against either brother in nearly 30 years in prison, according to the motion.

In recent months, much of the attention in the brothers' case has focused on a habeas petition aimed at overturning their convictions. Geragos presented new documents to support the brothers' claim that the killings were motivated by years of sexual abuse by their father – and not, as prosecutors argued at trial, by the brothers' desire to gain early access to their inheritance .

But legal experts say the brothers could find a more direct path to freedom through a resentencing.

The case was assigned this week to Jesic, a Van Nuys courthouse judge and former prosecutor. He could grant the request immediately, but it is more likely that he will hold a hearing where many of the family members and prosecutors who oppose Gascón's decision could speak.

Gascón acknowledged Thursday that there was no “general consensus” in his office about the case and that some prosecutors opposed re-sentencing the brothers. Another faction in the office pushed Gascón to convict the brothers of involuntary manslaughter, which would have entitled them to immediate release if the judge had granted the request, according to two sources with direct knowledge of Gascón's thinking.

The sources requested anonymity to discuss the case openly. Experts said that move may have gone too far for the judge and could have backfired.

If Jesic grants the petition, the state parole board would comment.

According to the California Department of Corrections and Rehabilitation, as of Oct. 23, the board had granted parole in about 31% of the cases in which it made a decision this year.

Even then, Newsom could reject the parole board's findings. Under California law, the governor can block the board's decision to grant parole if he finds evidence that releasing the brothers poses an “unreasonable risk to the public.”

A spokesman for Newsom referred questions about the Menendez brothers to the Corrections Department.

Gascón's decision could also be overturned if he is no longer in office at the time of the court hearing. Some polls show Gascón's challenger in the November election, former federal prosecutor Nathan Hochman, leading among likely voters by as much as 30 points. Hochman has not taken a public stance on the Menendez case, but has said he wants to review the decision if he ousts Gascón. If Gascón loses his bid for re-election on November 5th, Hochman would be in office on December 11th.

“In this particular case, I would analyze the thousands of pages of confidential prison files, the transcripts of both trials and the extensive exhibits, and speak with prosecutors, law enforcement, defense attorneys, experts and family members of the victims,” Hochman said in a statement. “Only then would I be able to properly assess whether the request for resentencing is correct.”

Just Staff writer Salvador Hernandez contributed to this report.