Lyle and Erik Menendez, who have been serving a life sentence since 1996 for the 1989 murders of their parents, could be free by Christmas if they are resentenced for their crimes, retired Judge Andrew Napolitano told Newsmax on Friday.

“Remember, there were two trials,” Napolitano told Newsmax’s “Wake Up America.” “The first trial was a hung jury in which they testified about what they said their father did to them. In the second trial in which that testimony was not permitted, they were convicted.”

Los Angeles District Attorney George Gascon recommended that the brothers be resentenced to 50 years to life, meaning they could become immediately eligible for parole, as they were under the age of 26 when their parents, Kitty and Jose Menendez were murdered.

“They could very well be free by Christmas,” Napolitano said. “That’s how quickly this can move. When the government says, effectively, set them free or reduce the sentencing, of course, the defense is going to agree so there’s no adversity in the courtroom. It’s just the mechanics of getting it done.”

Several matters will need to be considered, including how their behavior has been since they were locked up, he added.

The calls for their release come after their defense team presented more evidence showing that the brothers had experienced several years of sexual, psychological, and physical abuse at the hands of their parents, adding to the evidence that was not admitted in their second trial.

Napolitano said he’s not surprised by the resentencing call, but said it’s “extremely rare” that that would happen, as in his experience, he’s only had the government come back and tell him there was new information he should know about that could change a sentence.

There is also a question in California about whether there is a legal decision being made or if the move is political, considering Gascon is running for reelection.

In addition, the original sentencing judge has since died, leaving a new judge to decide on the brothers’ fate, said Napolitano.

Also, 35 years have passed since the Menendez brothers were sentenced, leaving new decisions to be seen through a modern lens.

“At the time the defense was, and here’s the defense, it’s raw, ‘my father raped me,’” said Napolitano. “That defense was just not believable. Nobody accepted it.”

But now, jurors are more likely to view that defense differently, he said.

“Is it fair that they should be rereviewed through the modern lens, or is it fair that they should suffer in jail through a 1995 lens?” said the retired judge.

He added that he hopes the resentencing does not send the message to other victims that they should not report sexual or other assault crimes to the police, but handle the problem themselves by murdering their parents.

Gascon is not asking to set the Menendez brothers free, but to resentence them and make them eligible for parole, Napolitano said.

“He wants the credit, the political credit, for doing the right thing, but he doesn’t want to take the blame for actually setting them free,” he explained.

Meanwhile, Napolitano said the Netflix series “Monsters: The Lyle and Erik Menendez Story,” which is one of the provider’s most-watched shows at this time, “probably” played a part in revisiting their case.

“This shows how the entertainment industry can either provide a service that couldn’t, that wasn’t provided in the courtroom, or put pressure on public officials in a unique way because they both have to be reelected,” he said.

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