The Menendez brothers could soon be freed from prison, a possibility that didn't exist when they exhausted all of their appeals more than a decade ago. Joseph Menendez, who goes by his middle name Lyle, and younger brother Erik Menendez have been in California prisons since 1996, serving sentences of life without the possibility of parole for their parents' 1989 slayings . They also killed their mother, Mary "Kitty" Menendez, who was sitting next to Jose eating ice cream in their Beverly Hills living room when they opened fire. Here's what happens next:The judge will either accept Gascón's recommendation or reject it, depending on whether he believes the brothers have been rehabilitated or if their release is in the interest of justice. Lyle Menendez previously gave a public hint at what he plans on doing if he is released.