The Menendez brothers' family says Nathan Hochman's efforts to block resentencing "do not align" with their views.

Menendez brothers to have their fate decided after nearly 30 years in prison - The brothers have served nearly 30 years in prison

Erik and Lyle Menendez 's much-anticipated resentencing hearing will be held Tuesday and Wednesday with lawyers set to battle over whether the brothers should get a lesser sentence, clearing the way for a potential release from prison. Defense attorney Mark Geragos, who is pushing for their release, said he plans to call seven witnesses.

The brothers' uphill battle to regain their freedom returns to court Friday as the court hears why the defense believes DA Nathan Hochman's bias against them means he needs to go.

According to the DA, Clemency evaluation has assessed the risk the Menéndez Brothers would pose to the public if released, and found it moderate. The conclusion was reached after California Gov. Gavin Newsom asked for a comprehensive risk assessment.

Los Angeles District Attorney Nathan Hochman has softened his stance but is still pushing against the release of Erik and Lyle Menendez.

A judge is expected to consider a motion on whether the Los Angeles District Attorney should remain on the case and if a parole board's risk assessment should be allowed.