Erik Menendez has been denied parole despite receiving a reduced sentence that made him eligible for release.
His behavior in prison was cited as the main reason for the denial on Thursday— not the seriousness of the crime for which he was incarcerated.
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 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 is expected to 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 around 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 two commissioners denied parole despite strong support from family members who have been advocating for the brothers’ release for months.
“Two things can be true. They can love and forgive you, and you can still be found unsuitable for parole,” Commissioner Robert Barton said.
He added that the primary reason for the decision was not the seriousness of the crime but Menendez’s behavior in prison.
Erik told the commissioners about his upbringing, saying he was raised without a “moral foundation.”
He said: “I was raised to lie, to cheat, to steal, steal in the sense, an abstract way. When I was playing tennis, my father would make sure that I cheated at certain times if he told me to. The idea that there is a right and wrong that I do not cross because it’s a moral bound was not instilled in me as a teenager.”
On his relationship with his father, he told the board that he “fantasized” about him “not being alive,” after years of being sexually abused.
Asked why he didn’t leave home and instead committed the murders, Erik said: “In my mind, leaving meant death. There was no consideration. I was totally convinced there was no place I could go.”
He added: “It's difficult to convey how terrifying my father was."
One of the big questions about the case was why the brothers had killed their mother as well. Erik explained that he did not see any difference between his parents because he found out that his mother knew about the abuse: “It was the most devastating moment in my entire life. It changed everything for me. I had been protecting her by not telling her."
He expressed remorse for shooting his mother, saying: “I wish to God I did not do that.”
When pressed on violating prison rules, including using a cellphone, Erik said: “What I got in terms of the phone and my connection with the outside world was far greater than the consequences of me getting caught with the phone.”
On his substance abuse while serving his sentence, he said: “If I could numb my sadness with alcohol, I was going to do it … I would have taken other drugs to numb that pain … I was looking to ease that sadness within me.”
During their hearings each brother is expected to demonstrate they have rehabilitated themselves. During their incarceration, they chose different ways to do so, respectively working with fellow inmates and engaging with prison administrators.
Speaking on how he has changed his life, Erik explained he had become sober in 2013 and found faith: “From 2013 on, I was living for a different purpose. My purpose in life was to be a good person … I asked myself, ‘Who do I want to be when I die?’ I believe I’m going to face a different parole board when I die.”
The Los Angeles District Attorney has opposed parole for the Menendez brothers 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.
The denial of parole for Erik does not necessarily mean that the board will come to the same conclusion for Lyle, given their reasoning based on his behavior in prison rather than the severity of their crime.
There is still one other possibility for the brothers to receive immediate relief from their life sentences — Gov. Newsom could grant them clemency.
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