The Los Angeles district attorney formally files documents asking the court to re-sentence Menendez Bros

The Menendez brothers are one step closer to their possible release from prison… because the Los Angeles District Attorney just filed the document formally asking a judge to convict them.

DA George Gascon I filed the motion just a few minutes ago, asking a judge to change the brothers' sentence from life without the possibility of parole to life with the possibility of parole. Because of the time served, they could potentially be released from prison immediately.

It's a long document… but basically what the DA's office says Eric And Lyle were legitimate inmates and no longer pose a threat to public safety – so there is no reason to keep them locked up.

The prosecutor points to programs like Erik's Life Care and Connections organization, which supports disabled and elderly inmates, and VIVE, an organization. is dedicated to the impact and empathy of the victim – involving one or both brothers – and shows how the prosecution feels they have dedicated time and effort to making their prison community a better place.

They also list Erik and Lyle's disciplinary records… which shows they were written only eight and five times, respectively, in more than 30 years of incarceration.

The prosecutor also points out their age… and says that not only were they young when they killed their parents, but they are now over 50 – so the likelihood of them committing another crime is high decreased massively.

Not all of the victims of the brothers' crimes agree that they should be released, the prosecutor notes, citing one of the brothers' uncles who doesn't want them released. However, prosecutors say, many other family members have advocated for her release – which should be considered.

Gascón announced this Advocate for the release of Erik and Lyle Earlier today…they said the two had paid off their debt to society. A hearing is scheduled for the end of November.