Menendez Brothers Won't Be Home for Holidays as Judge Postpones Hearing, Citing '17 Boxes' of Evidence

Judge Michael Jesic said he needed more time to review evidence before considering the brothers' potential resentencing

Lyle and Erik Menendez will have to wait until the New Year to find out if they will be released from prison when a judge postponed a scheduled resentencing hearing to January.

Judge Michael Jesic said during the preliminary hearing on Monday, Nov. 25, at Van Nuys Courthouse West in Los Angeles he needed time to review "17 boxes" of evidence.

As a result, Jesic rescheduled the Dec. 11 hearing on potential resentencing to Jan. 30 and 31. The brothers, who are serving life sentences for the 1989 murders of their parents Jose and Kitty, did not appear virtually after it was believed they would.

The postponement came a day before the deadline for the Los Angeles County District Attorney's Office to submit a response to Menendez brothers' habeas corpus petition, which cited evidence meant to support their longstanding claims that Jose had sexually abused them.

A spokesperson for the brothers' attorney Mark Geragos tells PEOPLE it is unlikely a resolution for the habeas corpus petition would occur before the January dates.

The court did hear testimony from the brothers' aging family members, including Joan VanderMolen, Kitty's sister, who supports Lyle and Erik's potential release.

Lyle and Erik were sentenced to life without parole after they were convicted of murder in 1996, following two trials, the first of which ended in a mistrial. The case has always attracted nationwide attention, which has been renewed following the recent releases of a Netflix documentary and scripted series.

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Los Angeles County District Attorney George Gascón has previously announced that he would recommend the brothers be resentenced to 50 years to life, which would make them immediately eligible for parole.

Gascón also said he supported their request for clemency from California Gov. Gavin Newsom. But the governor has said he would wait for the recommendation of district attorney-elect Nathan Hochman, who defeated Gascón in the November election, before making a decision on clemency.

The habeas corpus petition features a letter that Erik sent to a cousin before the murder referencing alleged abuse committed by Jose. It also included an affidavit from former Menudo member Roy Rosselló, who has said he was raped by Jose.