Allegations of sexual abuse against Jose Menendez will be part of the argument that Erik and Lyle Menendez plan to make as they seek to be resentenced, said Los Angeles County District Attorney Nathan Hochman.

In an interview on "TMZ Live" Monday, Hochman said California law says judges may consider "psychological, physical, or childhood trauma, including ... abuse, neglect, exploitation, or sexual violence" in deciding whether an inmate can be eligible for resentencing.

Hochman said that while such allegations do not call into question the brothers' guilt, they will be considered during a resentencing hearing scheduled for this fall, which could result in a new sentence that would open the door to parole.

Hochman admitted he only listened to segments of the brothers' "2 Angry Men" podcast, hosted by attorney Mark Geragos and journalist Harvey Levin. But he said his team would read the podcast in full next week as they continue to examine the case.

If the judge resentences the brothers in a manner allowing parole, the case will go to the parole board. Ultimately, California Governor Gavin Newsom will decide whether to release the Menendez brothers from prison.

DA Wants Jurors to Consider 'All Evidence'

Hochman added he wanted not only past evidence — but also the conduct of the Menendez brothers in the decades since they became prisoners.

"He should also consider rehabilitation evidence. He should consider all evidence that weighs on the issue of resentencing."

But he emphasized that this review is not a retrial. He stated, "This is a different calculation than dealing with a new trial."

Hochman said that the judge and defense lawyers would make their cases to the judge, and if there is anything less than life without parole, it's up to the board of pardons and paroles.

Governor Newsom will make the decision that matters in all this.

Ultimately, the only decision that matters is the one that Governor Newsom will make.

As Hochman detailed, there are several steps in this process. If the judge finds the brothers eligible for parole, the state parole board will determine whether the brothers will be freed. Then, Newsom will have the final word on whether they will ever be free.

However, Hochman said that the Menendez brothers' crimes do not make them inherently irredeemable.

"That includes what they've done in prison, that includes their exhibition of insights in their crime and understanding and fully accepting responsibility for all their actions," he said. "It includes their background before they even committed the crime."