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A legal expert believes Lyle Menendez may face a similar outcome as his brother Erik, who was denied parole this week

"It would be really, a miscarriage of justice if one brother were paroled and the other were not, because they're so similarly situated," former federal prosecutor Neama Rahmani tells PEOPLE

The brothers were initially sentenced to life in prison without the possibility of parole but got a long-awaited chance at freedom in May after a Los Angeles judge reduced their sentences to 50 years to life

With Lyle Menendez set to appear before the parole board on Friday, Aug. 22 — just one day after his brother Erik was denied — a legal expert says he may face a similar outcome, unless key differences emerge during the hearing.

"I would be surprised if it were

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