Menendez Brothers Case

Erik and Lyle Menendez and their legal team are making a full court press for freedom at next month's hearing ... and we've learned their star witnesses are people inside the prison.

Sources with direct knowledge tell TMZ ... the Menendez Brothers lawyer, Mark Geragos, will call six key witnesses to the stand at their Dec. 11 resentencing hearing ... and they all work for the California Department of Corrections.

The witnesses are two correctional officers, one education officer, a prison guard, a correctional lieutenant and another employee from the Dept. of Corrections ... all of whom have crossed paths with Erik and Lyle during their three-plus decades behind bars.

Incoming Los Angeles County District Attorney Nathan Hochman says one of his first orders of business is tackling Erik and Lyle Melendez's bid for freedom ... and the clock's ticking.

Hochman, who just defeated incumbent George Gascón at the ballot box, tells TMZ ... if the Menendez brothers' resentencing case lands on his desk on his first day as D.A., on December 2, he will hit the ground running, poring over documents and talking to all parties involved.

While Gascon has recommended resentencing, Hochman says he's got to review the case and the law before coming to a decision ... but time is of the essence because the resentencing hearing is set for Dec. 11 ... giving Hochman a little over a week to work with.

Los Angeles County D.A. George Gascón is setting the record straight, saying his push to recommend resentencing for the Menendez brothers isn’t about public buzz or winning an election -- it’s about doing what he personally believes is right.

On "TMZ Live," Harvey didn’t hold back on grilling Gascón about all the renewed public interest playing into the Menendez brothers’ case -- saying the considerations of their case are purely based on the evidence.

Gascón shot down the hype factor, telling us his decision came down to what he feels is right -- and not because of public opinion, or an effort to win votes.

Judge Mathis says Erik and Lyle Menendez deserve to be free men ... telling us new evidence they were allegedly molested by the father they killed totally changes things.

We got the TV judge Thursday at the Fairmont Century Plaza in Los Angeles, and our photog asked him about the Menendez brothers and their bid to get out of prison after nearly 35 years behind bars.

Judge Mathis says if he was handling their resentencing case, he would reduce the length of their punishment on account of the molestation claims and send them home ASAP.

The Menendez brothers are on a roll lately with a possible chance at future freedom -- and TMZ has the low-down on what could be their final Halloween in the slammer.

A source within the California Department of Corrections tells TMZ ... Erik and Lyle are all set for a Halloween movie night in the clink, where they’ll likely be cozying up to the OG 1990 version of Stephen King's "IT."

We're told the bros and their cell block buddies at the Richard J. Donovan Correctional Facility in San Diego are whipping up a classic prison treat for the occasion -- "candy salad," which is basically a mixed bag of every candy available in the commissary thrown into one giant bowl.

The Menendez brothers' childhood home isn't known as the "murder house" anymore ... with famed realtor Josh Flagg crediting Ryan Murphy's drama for the successful rebrand.

We caught up with the "Million Dollar Listing Los Angeles" star outside Craig's in West Hollywood Tuesday, where he shared his 2 cents on the infamous siblings' former abode ... and how its reputation has changed in recent months.

As Josh put it ... he doesn't think it will be hard for the current sellers to offload the mansion for $25 million if they wanted to, given the renewed interest in the case, thanks to Ryan's Netflix series, "Monsters: The Lyle and Erik Menendez Story."

Huge development for Erik and Lyle Menendez ... the L.A. County D.A. is pushing for a path to freedom that could set the brothers free in a matter of weeks.

L.A. County D.A. George Gascón just said he "strongly" supports the Menendez brothers' request for clemency.

TMZ broke the story ... Erik and Lyle's lawyer, Mark Geragos, filed legal docs Tuesday with California Governor Gavin Newsom, asking him to grant clemency to his clients.

The former home of the Menendez brothers is going to attract a lot of peeps looking for some Halloween creeps -- but another house in Beverly Hills is expected to be a way bigger spooky draw ... as far as cops are concerned.

The house where Erik and Lyle Menendez brutally murdered their parents has been a hot destination for lookie-loos for the last several weeks thanks to wildly popular Netflix specials ... and police have been inundated with calls from angry neighbors.

Cops tell TMZ on the eve of Halloween they expect the affluent block to be a mess with a ton of foot and car traffic ... but they will be keeping a closer eye on The Witch's House, about a mile and a half away, where they assume far more people will visit -- increasing the odds of bonehead antics. Police will have a presence there all day into the night, we're told.

Start the countdown for Erik and Lyle Menendez ... the brothers could be released from prison before Christmas ... TMZ has learned.

Sources with direct knowledge tell TMZ ... The Menendez brothers' lawyers will be in court December 11, where a judge will make a decision that could set them free immediately thereafter.

Our sources say the hearing date was scheduled during a meeting Wednesday between Erik and Lyle's defense team, prosecutors and the new judge assigned to their case, Michael V. Jesic of the Los Angeles County Superior Court.

Sharon Osbourne says Erik and Lyle Menendez are right where they deserve to be ... in prison.

We got Sharon and her son Jack Osbourne on Tuesday in Larchmont Village and our photog asked them if they thought the Menendez brothers deserve to be set free after spending nearly 35 years behind bars.

Sharon and Jack say the brothers should remain in lockup ... pointing out they shot their parents to death with shotguns ... and they don't think the molestation allegations against Jose Menendez should be enough to spring Erik and Lyle.

Erik and Lyle Menendez are gunning to be released from prison before Thanksgiving and their legal team has a new strategy for freeing the brothers ... seeking clemency from California's governor.

Mark Geragos, the attorney repping the Menendez brothers, joined us Tuesday on "TMZ Live" and told us he's filing documents today asking Gavin Newsom for clemency.

That's pretty significant on its own, and sources connected to the Governor's office tell us they have the clemency petition on their radar ... which is pretty interesting, considering Newsom talked about the Menendez brothers in a recent podcast.

Good news for Erik and Lyle Menendez ... the Los Angeles County District Attorney's Office tells us they're open to considering a change in conviction that would set the brothers free at the bang of a gavel.

Here's the deal ... L.A. County D.A. George Gascón has filed legal docs asking Judge William C. Ryan to resentence the Menendez brothers at a November hearing. If that happens, the brothers would be eligible for immediate parole, but that would require an affirmative ruling by the California Parole Board.

TMZ broke the story, we've learned Erik and Lyle's attorney, Mark Geragos, will ask the judge to change their conviction from murder to voluntary manslaughter ... and under a new law, the judge has the power to do so. If that were to happen, Erik and Lyle would be free men, because the maximum sentence is 11 years and they've served 35 years.

Los Angeles County District Attorney George Gascón is trying to get the Menendez brothers out of prison to score some quick political points ... so says his opponent in November's election.

We spoke with Nathan Hochman, a former Assistant U.S. Attorney General who is running to replace Gascón as L.A. County's D.A., on "TMZ Live" Friday ... and, he tells us he finds the timing of GG's announcement "incredibly suspicious."

Hochman points out the habeas writ was filed last year in May, and the motion for resentencing was filed in February ... so, if D.A. Gascón really thought Erik and Lyle deserved to get out of jail, Hochman asks, why did he wait to advocate for it?

The Menendez brothers' prison is taking no chances with security threats following the major update in the infamous siblings' case ... TMZ has learned.

A source within the California Department of Corrections tells TMZ ... prison security has been beefed up after L.A. County D.A. George Gascón's announcement, in which he confirmed he would ask a judge to resentence Erik and Lyle Menendez -- who are currently serving life without the possibility of parole sentences for the 1989 murders of their parents, Kitty and José Menendez. Gascon filed the document officially asking a judge to resentence them Thursday evening.

We're told guards are working overtime to keep everyone safe inside the prison ... as well as outside the facility, given the likelihood that lookyloos will descend upon the Richard J. Donovan Correctional Facility in San Diego County.

The judge who will decide the fate of Erik and Lyle Menendez could do way more than what the D.A. is asking for ... he could free them the very day he hears their case.

As we reported, L.A. County D.A. George Gascón has filed legal docs asking Judge William C. Ryan to resentence the Menendez brothers. Based on a new law, the judge could change their sentence -- life without the possibility of parole -- to the possibility of immediately winning parole.

Thing is ... for Gascón to get his way, the Parole Board would have to hold a hearing and then decide if Erik and Lyle have been rehabilitated and are no longer a threat to society.