Erik Menendez confers with his attorney Leslie Abramson while his brother Lyle was giving testimony in Superior Court in Los Angeles on September 13, 1993. The brothers are charged with killing their parents. File Photo by UPI Photo/Jim Ruymen/Files | License Photo
A two-person state panel denied parole for Erik Menendez on Thursday, meaning he will remain in prison where he and his brother, Lyle Menendez, have resided for more than 30 years for killing their parents.
The decision cited his “lack of growth” during his time in prison, referencing his repeated violations of incarceration rules, including his use of a contraband cellphone last year amid court deliberations on his sentence, taking drugs and participating in a tax fraud scheme, The New York Times reported.
“Contrary to your supporters’ beliefs, you have not been a model prisoner, and frankly, we find that a little disturbing,” Commissioner Robert Barton told Erik during the hearing.
While parole hearings are generally just few hours, Erik sat for questioning for nearly 10, during a hearing that began at 11:30 a.m. EDT on Thursday at the Richard J. Donovan Correctional Facility in Los Angeles.
His brother, Lyle, is slated to appear before the parole board Friday.
The Menendez brothers were resentenced in May to 50 years to life in prison, which made them eligible for parole. Both were originally serving life sentences without the possibility of parole after being convicted of first-degree murder in the 1989 shooting deaths of their parents at their family’s Beverly Hills home.
Commissioners reviewed testimony from other family members and prosecutors, and considered how the brothers behaved while in prison, their criminal histories and potential future plans if released.
In denying Erik parole, Barton rejected the brothers’ claim that they feared for their lives when they killed their parents, stating the death of the brothers’ mother showed a lack of “empathy and reason.”
He acknowledged that Erik had gained insight during his time in prison, and that the result of the hearing might have been different absent his prison rule violations.
He added that Erik has two options going forward: “One is to have a pity party … And then you become a self-fulfilling prophecy, probably not getting granted next time. Or you can take to heart what we discussed,” The Times reported.
If Erik was found appropriate for parole, or his brother is on Friday, a process that could take months to complete, the ultimate decision to free them will end with California Gov. Gavin Newsom, who has 30 days to accept, deny or change their paroles, or send it back to the board.
Newsom told reporters during a press conference on Thursday that he will make a decision, if needed, based on the facts.
“One thing I haven’t done — and I think this is important — I have not watched any documentary. I have not watched anything that has come out on the Menendez brothers, and I have very intentionally avoided that in expectation and anticipation that this might land on my desk, so that the facts themselves will speak for themselves, not my opinion, not what’s on TikTok, or what’s on YouTube or not what you or others may be saying,” he said.
Los Angeles County District Attorney Nathan Hochman, who has opposed parole for the brothers, said in a statement that his office would make a final decision on its position based on evidence presented at the hearing.
“The Menendez brothers have never fully accepted responsibility for the horrific murders of their parents, instead continuing to promote a false narrative of self-defense that was rejected by the jury decades ago,” he said.
“We have consistently opposed their release because they have not demonstrated full insight into their crimes or shown that they have been fully rehabilitated, and therefore continue to pose a risk to society.”
Hochman also pointed out that Newsom denied parole to Sirhan Sirhan, who was sentenced to life for assassinating Robert F. Kennedy in 1968, because he failed “to exhibit full insight and responsibility,” which he says is critical to deciding whether someone is eligible for parole.
Several of the Menendez brothers’ family members, who have formed an advocacy group named “Justice For Erik and Lyle,” released a statement, saying, “As always, our family remains cautiously optimistic, grounding ourselves in the reality that California’s parole process is incredibly rigorous, with low grant rates.”
The group further said it expected the brothers to face heavy scrutiny in their parole board hearing.
“We know that Erik and Lyle will come home, that is no longer a doubt,” it added.
“Wishing my amazing husband all the love and strength for his parole hearing,” Tammi Menendez, Erik’s wife, posted to X Thursday. “I believe in you and can’t wait for this new chapter together.”
“You’ve got this!” she concluded.
