Erik Menendez has been denied parole, despite receiving a reduced sentence that made him eligible for release.
The decision was made after a hearing before the California Parole Board, which lasted most of the day. The younger Menendez brother appeared by video link from prison in San Diego.
Almost 30 years after their convictions for murdering their parents, Erik and his older brother Lyle Menendez were given the opportunity to present their cases for parole — the closest they have ever come to securing freedom since then.
They were sentenced in 1996 to life imprisonment for fatally shooting their father, Jose Menendez, and mother, Kitty Menendez, in their Beverly Hills mansion on August 20, 1989. They were 18 and 21 at the time.
Defense attorneys argued the brothers acted in self-defense after years of sexual abuse by their father; prosecutors claimed they murdered their parents for a multimillion-dollar inheritance.
The brothers became eligible for parole in May after a Los Angeles judge reduced their sentences from life in prison without the possibility of parole to 50 years to life, making them immediately eligible under California law because they were under 26 when they committed their crimes.
It was decided that a panel of parole hearing officers would evaluate the brothers individually. After today’s marathon hearing, Lyle will appear by video before the board on Friday.
In California, if a board recommends parole, there is a 120-day review period for the case. Democratic Gov. Gavin Newsom then has 30 days to affirm or deny the parole.
The board deliberated for approximately an hour after a 10-hour video conference, during which Erik pleaded his case from an interview room at the R.J. Donovan Correctional Facility near San Diego, with other participants joining from various locations.
There was no live feed of the hearing, and only one journalist was allowed to watch and provide reports to other media outlets, which were barred from publishing them until a decision was reached.
According to the pool reporter, the parole commissioners cited Erik’s multiple rule violations in prison as aggravating factors. These included the use of cell phones, drugs, allegedly aiding a gang in a tax scheme, as well as two instances of violence.
The recommendation for Erik does not necessarily mean that the board will come to the same conclusion for Lyle — though it likely does not bode well.
Each brother must demonstrate that they have rehabilitated themselves, and during their incarceration, they chose different ways to do so, respectively working with fellow inmates and engaging with prison administrators.
During a parole hearing, convicts typically face questions about their crimes and efforts to rehabilitate themselves. There are also statements from the next of kin of the victims — in this case, members of their own families — who are expected to support the release of the brothers.
The Los Angeles District Attorney has opposed their parole, and a representative of his office was expected to make a statement to that effect.
Each brother and their legal team can then respond with closing statements.
Ahead of today’s hearing, Tammi Menendez, who married Erik in 1999, posted a message of support on X: “Wishing my amazing husband all the love and strength for his parole hearing tomorrow.
“I believe in you and can’t wait for this new chapter together. You’ve got this!”
Erik Menendez can come before the board again in three years.
There is still one other possibility for the brothers to receive immediate relief from their life sentences — Gov. Newsom could grant them clemency.
