The decision means that Erik will remain in prison, but will be eligible to try for parole again in three years. Commissioner Robert Barton, who chaired the panel, told Erik he was not yet a suitable candidate for release and still presented an "unreasonable risk to public safety." Erik had received multiple prison violations and was "involved in criminal conduct preceding these murders, including burglaries," Barton said.
Prison Record and Hearing Details
In court, the board reviewed Erik's history and his behaviour in prison. He has faced punishment over contraband, including a cell phone, arts and crafts supplies, tobacco, and prison fights. Though Erik has availed himself of education and rehabilitation programs, the panel noted the serious nature of the crimes, calling them "devoid of human compassion."
Erik beamed in from the San Diego prison where he is being held, its backdrop a low-angle perspective on a sky-blue jumpsuit, thick-framed glasses resting near his collar. He was at times emotional when he talked about the night that he and his brother shot their parents, Jose and Kitty Menendez, in their Beverly Hills home, more than a dozen times. Erik said he reloaded and shot his mother again with the shotgun. The brothers have long said that the killings were done in self-defence, after years of sexual and emotional abuse.
"I am so incredibly sorry for what I put my family through from August 20, 1989, up until this day," Erik told the panel. He would seek family healing if released from prison, not his own, he said.
A risk assessment done before the hearing determined Erik to be "moderate risk" if released. Prosecutors fought his parole, saying it wasn't his good behaviour in prison driving him, but the opportunity for release, and that he still had no insight into his crimes.
Family, Clemency and Future Legal Steps
Despite the refusal, Erik's lawyers and supporters continue to seek relief. Even Jose Menendez's sister, Teresita Menendez-Baralt, who is suffering from stage four cancer, testified on his behalf. She forgave him and said she hoped she would live long enough to accept him in her home if he was freed.
The brothers' legal team has also filed a motion for a new trial based on new evidence, which is being opposed by the Los Angeles district attorney's office. In addition, Gov. Gavin Newsom is weighing a clemency plea that could lead to his sentence being reduced or to his receiving a pardon, but not to the judgment against him being reversed.
The Menendez brothers' case has continued from the outset to be one of the most high-profile murder trials of the end of the last century. At the time, prosecutors argued that the brothers had killed for greed, citing a $700,000 spending spree on luxury cars, watches and other items after the murders. They ultimately were sentenced to life in prison.
In May, a judge resentenced both brothers to 50 years to life with the possibility of parole, in light of new laws that take into account the age of the offenders under 26 and their backgrounds. Lyle was 21, and Erik, 18, when the crimes were committed. And though their parole fates diverged, each still occupies the middle of legal and public discourse today.
