Lyle Menendez broke down into tears while on the witness stand in 1993. He and brother Erik were convicted of the murders of their parents in 1996. Lyle Menendez was denied parole on Friday and his brother on Thursday. File Photo by Jim Ruymen/UPI | License Photo
Lyle Menendez was denied parole on Friday night in San Diego, one day after his younger brother Erick’s freedom was rejected by two commissioners in the deaths 36 years ago of their parents.
Lyle Menendez’s hearing began Friday morning and lasted 11 hours after the parole board said that Erik Menendez, 54, poses an “unreasonable risk.” Lyle is three years older.
The same parole commissioner heard the cases.
They will be eligible for parole again in three years. They have separate and ongoing court proceedings to seek to overturn their sentences, which originally were life without parole but were dropped to 50 years to life by a judge three months ago.
California Gov. Gavin Newsom has 30 days to accept, deny or change their paroles, or send it back to the board. Also, they have applied for a pardon from Newsom.
“In the meantime, we know they will take time to reflect on the Board’s recommendations and will continue to lead, mentor, and build programs that support rehabilitation and hope for others,” the family said in a statement Friday.
They said they were disappointed with the denials but remained “incredibly proud of how Erik and Lyle showed up — with honesty, accountability, and integrity.”
The Menendez brothers were resentenced in May to 50 years to life in prison by Los Angeles County Superior Court Judge Michael Jessic, which made them eligible for parole. Originally, it was life without the possibility of parole and they were eligible for “suitability” hearings.
They were convicted of first-degree murder in the killing of their parents, Jose and Kitty Menendez, at the family’s Beverly Hills home on Aug. 20, 1989.
Lyle noted it was the anniversary of his parents’ murders two days earlier.
“My mom and dad did not have to die that day,” he said. “I will never be able to make up for the harm and grief I caused everyone in my family. I am so sorry to everyone, and I will be forever sorry.”
Two sensational trials that spanned three years in the mid-1990s. The first, which was televised, ended with a hung jury.
Parole commissioner Julie Garland described Lyle, 57, as a model inmate, who was remorseful and demonstrated the potential for change.
“But despite all those outward positives you still struggle with anti-social personality traits like deception, minimization and rule-breaking that lie beneath that positive surface,” Garland said about Lyle.
Lyle’s most recent infraction: March 2024, when he was found to have a cell phone.
On Thursday, Parole Commissioner Robert Barton said he was impressed by statements of support from relatives but they were cited for prison violations.
Both brothers testified in the first trial, claiming they killed their parents in self-defense after years of abuse at their father’s hands. Only Erik Menendez testified at the second trial. They were both convicted in 1996.
Prosecutors disputed their claims of self-defense and described the killings as ruthless and financially motivated.
The decision Thursday to keep Erik Menendez in prison 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,” Barton told Erik Menendez during the hearing.
Speaking at the resentencing hearing, Erik Menendez described his crimes as “cruel and vicious” and said he was “directly responsible for it all.”
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 Menendez 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 Menendez 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 Menendez 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.
