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Erik Menendez was denied parole by a California board this week after spending more than 30 years in prison. The board of parole found Erik, who was convicted of murdering his parents along with his brother Lyle, still poses “an unreasonable risk to public safety.”

The parole hearing, which lasted nearly 10 hours, delved into Erik’s rehabilitation in prison, his behavior in custody, and the competing arguments over whether he should be granted freedom. Prosecutors from the Los Angeles County District Attorney’s office told the board to deny Erik’s request for parole, while a group of more than a dozen relatives testified on his behalf. The board ultimately sided with the prosecutors, citing Erik’s criminal history as a teenager, the violent nature of the crime, and “serious violations” of prison rules.

Erik, who is now in his 50s, will next be eligible for parole in three years. Parole Commissioner Robert Barton, in explaining the decision, told Erik the denial did not rest only on the seriousness of the murders he was convicted of but also on his behavior while in prison.

“One can create a public safety risk in many ways with various types of criminal activity, including some of the ones you were guilty of while you were in prison,” Barton told Erik. He urged Erik to rely more on his “great support network” in avoiding future violations.

Erik’s prison record includes nine rule violations for offenses, including drug possession and having contraband items like a cell phone and lighter. Though several corrections staff members have written letters to the board describing Erik as a “model inmate,” Barton asked if the term was an accurate one given the “lengthy pattern of misconduct” in Erik’s prison record. Erik said he had only last year truly believed he had a chance at release and that this belief had caused a shift in his “consequential thinking.”

Erik’s relatives were among those who testified on his behalf during the parole hearing, many of them crying. They spoke of the decades of suffering and division the murders had caused the family, but also of forgiveness. “To say our family has experienced pain doesn’t quite capture what the last 35 years have been like,” said Tiffani Lucero-Pastor, the great-niece of the Menendez brothers’ mother, Kitty. “It has divided us. It has caused us panic and anxiety.”

Others added that Kitty’s inaction in the face of the alleged abuse inside the home only deepened the brothers’ fear. Karen Mae Vandermolen-Copley, Kitty’s niece, told the board that her aunt’s “absence of protection deepened their fear and confusion.” The only known relative to oppose parole was Kitty’s brother, Milton Andersen, who died earlier this year.

The family said in a statement that they were disappointed but respected the board’s decision. “Our belief in Erik remains steadfast,” it read. “His remorse, growth, and the good he’s done for others speak for themselves. We will continue to stand by him and hope he can come home soon.”

Lyle Menendez to Face Parole Hearing, Governor Holds Final Say

Erik’s older brother, Lyle Menendez, will now face the parole board. His hearing is scheduled for Friday, where the panel will again consider his record of rehabilitation and prison conduct. While Lyle has committed slightly fewer disciplinary violations than Erik, the way he killed his parents may present a bigger obstacle.

Lyle testified during the original 1993 trial that he fired multiple shotgun blasts into both of his parents at close range. Parole Commissioner Barton noted this week that his mother’s death “was devoid of human compassion.”

The circumstances of the killing have also been complicated by Lyle’s inconsistent stories about his father’s alleged abuse of the family. At one point, prosecutors said, he even coached his girlfriend to lie and claim his father had drugged and raped her. Such details may complicate his case for parole despite the support of several family members who are also expected to testify on his behalf.

The parole hearings themselves came after both brothers were resentenced in May to 50 years to life, the first time they were eligible for parole. The case has long been one of the most high-profile murder trials in California history, following the brothers’ claims that they were pushed into fear and acted in self-defense after years of abuse. Prosecutors, however, have long argued that the killing was instead motivated by their father’s wealth.

Ultimately, however, California Governor Gavin Newsom will have the last word on the fate of the brothers. Under a 1988 state law, governors can affirm, reject, or modify parole board decisions for individuals convicted of murder and sentenced to indeterminate terms like 50 years to life. The board will conduct an internal review of its decision for up to 120 days, after which Newsom will have 30 days to either approve, return, or modify the ruling.

Legal experts have said in the past that California governors are generally reluctant to let high-profile defendants go free. “Every governor is fairly allergic to releasing high-profile defendants,” Christopher Hawthorne, a professor at Loyola Law School, previously told Documented. Past governors like Pete Wilson, Gray Davis, and Arnold Schwarzenegger rarely ever approved parole, while Jerry Brown and Gavin Newsom have reversed the trend over the past decade, opening the door to parole for others.

Still, the notoriety of the Menendez brothers may work against them, with Hawthorne adding that Newsom would have to “balance public safety with questions about whether the brothers had real insight into their behavior. “It’s a hard call, a tough call, no matter who’s making it,” he added.

For now, Erik will remain in prison, at least three years away from his next shot at parole. Lyle will soon find out if his path forward is different or if both brothers will continue to serve the life sentences they began more than three decades ago.