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. Erik Menendez was denied parole Thursday, and Lyle Menendez faces the parole board Friday. File Photo by Jim Ruymen/UPI | License Photo
One day after his brother’s failed bid for parole, Lyle Menendez will face the parole commissioners hoping for a successful hearing.
Lyle Menendez’s hearing was scheduled to begin Friday morning in California, hours after the parole board said that Erik Menendez, 54, poses an “unreasonable risk.”
The brothers’ family said they were disappointed but trying to be optimistic when Lyle, 57, goes before the panel.
“While it is undoubtedly difficult, we remain cautiously optimistic and hopeful that the commissioner will see in Lyle what so many others have: a man who has taken responsibility, transformed his life, and is ready to come home,” the family members said in a statement.
A two-person state panel denied parole for Erik Menendez on Thursday, meaning he will remain in prison where he and Lyle have lived for more than 30 years for killing their parents, Jose and Kitty Menendez.
The brothers were convicted of first-degree murder after two sensational trials that spanned three years in the mid-1990s. The first, which was televised, ended with a hung jury.
Both brothers testified in the first trial, claiming they killed their parents, José and Kitty Menendez, 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,” Commissioner Robert Barton told Erik Menendez during the hearing.
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.
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.
If either man is found appropriate for parole, 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.
