- Erik Menendez was denied parole primarily due to his misconduct in prison.
- Lyle Menendez's parole hearing will take place on Friday, and family members will be there to support him.
- California Gov. Gavin Newsom can override the parole board’s decisions due to a 1988 California law.
On Thursday, 36 years and one day after Erik and Lyle Menendez killed their parents, Erik was denied parole ahead of Lyle’s parole hearing on Friday.
The hearings this week are the brothers’ first-ever parole hearings after they were resentenced in May from life in prison without the possibility of parole to 50 years to life in prison with the possibility of parole, per CNN.
Erik Menendez, 54, attended the hearing, which lasted nearly 10 hours, via video from the Richard J. Donovan Correctional Facility in San Diego. After the denial of his parole, the board said he can be eligible for parole again in three years, per ABC News.
Throughout the hearing, officials questioned Menendez on his rehabilitation and heard arguments from the Los Angeles County District Attorney’s office against releasing him, as well as pleas from family members in favor of his release.
Why was Erik Menendez denied parole?
The parole board’s decision to deny Menendez parole was based on multiple factors, including burglaries he participated in before the murders, his behavior in prison and the killing of his mother, per reports.
“The killing of your mother especially showed a lack of empathy and reason,” Parole Board Commissioner Robert Barton said, per ABC News.
Barton said that because he was 18, Menendez could have left his parents’ home and gone to the police or stayed with relatives.
“We recognize and understand that many sexual assault victims find it hard to come forward, especially when the perpetrators are family members,” he added, according to ABC News.
Menendez said that he shot his mother because she “betrayed him,” adding that he saw his parents as one person after learning that his mother knew about his father allegedly sexually abusing him.
Barton also said that Menendez’s behavior in prison was the primary reason for the denial, not the seriousness of the crime.
“Contrary to your supporters’ beliefs, you have not been a model prisoner, and frankly, we find that a little disturbing,” Barton said, per ABC News.
The commissioner pointed out Menendez’s inappropriate behavior with visitors, drug smuggling, violence incidents and misuse of state computers. The board also noted Menendez illegally using cellphones in his leadership with rehabilitative groups.
The board members focused their decision on one question: “Would Erik Menendez pose an unreasonable risk to society if released?” per ABC News.
Los Angeles County District Attorney Nathan Hochman opposed the Menendez brothers’ release, claiming they “have not demonstrated full insight into their crimes or shown that they have been fully rehabilitated, and therefore continue to pose a risk to society.”
A recently completed risk assessment said Erik and Lyle Menendez posed a moderate risk to the community if released.
“We find that you continue to pose an unreasonable risk to public safety,” Barton said, per ABC News.
Relatives of Erik Menendez, who have supported the idea of his release, gave a statement after the hearing.
“Our belief in Erik remains unwavering and we know he will take the board’s recommendation in stride. His remorse, growth, and the positive impact he’s had on others speak for themselves. We will continue to stand by him and hold to the hope he is able to return home soon,” the statement said, per ABC News.
Lyle Menendez’s hearing to take place on Friday
After Erik’s parole hearing, his 57-year-old brother, Lyle Menendez, will have his hearing on Friday.
“Tomorrow, we turn our attention to Lyle’s hearing,” the statement from the brothers’ relatives continued, per ABC News. “And 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.”
Lyle Menendez’s case will be considered on its own merits, but his factors of rehabilitation are similar to his brother’s. The only major difference is Lyle has a lower number of rule violations in prison, per CNN.
Another thing that could be weighed against Lyle Menendez is his brutal actions during his parents’ murder. In 1993, Menendez testified that he repeatedly fired a shotgun at both of his parents in close range.
According to CNN, family members are expected to speak on Lyle’s behalf during the hearing on Friday, as they did during Erik’s hearing.
Ultimately, Gov. Gavin Newsom can decide the brothers’ fate
According to CNN, California Gov. Gavin Newsom can ultimately decide if the decisions made about the brothers’ parole will stick.
This is due to a 1988 state law, which gives California’s governor the power to approve, deny or modify parole board decisions for those convicted of murder and sentenced to an indeterminate term.
After the parole board’s decision is made, it could undergo an internal review for as long as 120 days. After that, Newsom would have 30 days to affirm or reverse the decision if he chooses to, per CNN.