But there is a significant chance he could lose his re-election bid on Tuesday and be out of office before their resentencing hearing takes place in December. Recent polls illustrate a significant lead, and if he wins, he would be helming the office at the time of their resentencing hearing. His campaign has not committed to freeing the Menendez brothers or keeping them in jail. Judge Michael JesicThe judge previously scheduled a conference for late November and a resentencing hearing on Dec. 11. Milton AndersenA wildcard, the Menendez brother's 90-year-old uncle is their mother's brother, and unlike most of their relatives, he vehemently opposes their release.