Erik and Lyle Menendez, brothers most known for killing their parents in 1989 after years of alleged sexual, emotional and physical abuse, may face a new sentence after the election of a new Los Angeles District Attorney. The main focus of the original case and the retrial is not whether they committed the crime, but rather the reasons behind it after new evidence has circulated.

In late October, Los Angeles District Attorney, George Gascón, recommended resentencing due to the new evidence. However, with the election of a new LA D.A. Nathan Hochman, it is uncertain when the retiral will be.

"The Menendez brothers' attorney, Cliff Gardner, filed a habeas petition in May 2023 citing the letter and Rossello's affidavit as new evidence that proves his clients' convictions should be vacated," CBS News said.

This decision could allow the brothers to be eligible for parole, as they have been serving a life sentence without the possibility for parole since 1996. The brothers' attorney, Cliff Gardener, argues that they should have been convicted of manslaughter in the first place, which would have significantly reduced their sentences.

"When I first heard about it ... I cried," Lyle Menendez, Eriks older brother, told "48 Hours" contributor Natalie Morales. "For me, it was very meaningful to just have things come out that caused people to really realize, OK ... at least this part of what it's about is true.

Among the new evidence discovered was a letter written by Erik to his cousin, Andy Cano, just months before the murder. The letter, dated December 1988, details his fears of his father and his anxiety over the continued sexual abuse. In the initial trials, Cano testified that he was aware of Erik's abuse. Still, prosecutors dismissed his testimony as false, as they did with the majority of evidence and testimonies presented. Cano passed away in 2003, but the newly uncovered letter is a pivotal piece of evidence.

Another pivotal piece of evidence was the emergence of the 1980's, boy band

Menudo's Roy Rossello. Rossello recently alleged he was sexually abused by Jose Menendez during his time in the band where Jose was an entertainment executive.

The brothers' attorney, Cliff Gardener, argues that they should have been convicted of manslaughter in the first place, which would have significantly reduced their sentences.