By james art An official familiar with the decision confirmed that Los Angeles County District Attorney George Gascon will recommend charges against the brothers.
They were sentenced in 1996 to life in prison without parole. Prosecutors must now seek court approval.
Lyle Menendez, then 21, and Eric Menendez, then 18, admitted to fatally shooting their father, Jose Menendez, an entertainment executive, and their mother, Kitty Menendez.
The brothers said they feared their parents were out to kill them to prevent exposure of their father’s years of sexual abuse of Eric Menendez.
The brothers’ extended family is pleading for their release, saying they deserve to be free after decades behind bars.
Several family members said that in today’s world — which is more aware of the impact of sexual abuse — the brothers would not have been convicted of first-degree murder and sentenced to life.
The Menendez brothers were tried twice for their parents’ murders, with the first trial ending in a conviction.
Prosecutors at the time argued there was no evidence of molestation and many details of their history of sexual abuse were not resolved in the second trial.
The district attorney’s office said at the time that the brothers were after their parents’ multimillion-dollar estate.
The case gained new momentum in recent weeks after Netflix began streaming the crime drama Monsters: The Lyle And Erik Menendez Story.