Erik Menendez denied parole 36 years after murdering his parents

Erik Menendez was denied parole during his first-ever parole hearing on Thursday, 36 years and one day after he and his brother killed their parents.

​Erik Menendez was denied parole during his first-ever parole hearing on Thursday, 36 years and one day after he and his brother killed their parents.   

Erik Menendez was denied parole during his first-ever parole hearing on Thursday, 36 years and one day after he and his brother killed their parents, Jose and Kitty Menendez

Erik Menendez, 54, attended the nearly 10-hour hearing via video from the Richard J. Donovan Correctional Facility in San Diego. The board said he can next be eligible for parole in three years.

The board based its decision on multiple factors, including: the illegal cellphones Erik Menendez possessed in prison; burglaries he participated in before the murders; and the killing of his mother.

“The killing of your mother especially showed a lack of empathy and reason,” Commissioner Robert Barton said.

“I can’t put myself in your place. I don’t know that I’ve ever had rage to that level, ever,” Barton said. “But that is still concerning, especially since it seems she was also a victim herself of the domestic violence.”

Barton noted that Erik Menendez could’ve “legally left” his parents’ home since he was 18, and could have 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,” Barton added,

Erik Menendez said he shot his mother because she had “betrayed him.”

“I saw my mother and my father as one person after I learned that she knew [about Jose Menendez allegedly sexually abusing him], so when I was running into the den, I was in a state of terror, of panic, of rage,” he said.

Barton stressed the time given to the case, saying, “We probably spent four times more than we do on our usual average here.”

Barton said he was amazed by the support from Erik Menendez’s relatives, but he added, “Two things can be true — they can love and forgive you, and you can still be found unsuitable for parole.”

“I believe in redemption or I wouldn’t be doing this job … but based on the legal standards, we find that you continue to pose an unreasonable risk to public safety,” Barton said.

Erik Menendez’s relatives, who have been pushing for his release, said in a statement, “While we respect the decision, today’s outcome was of course disappointing and not what we hoped for. But 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 parole hearing for his brother, 57-year-old Lyle Menendez, will be on Friday.

“Tomorrow, we turn our attention to Lyle’s hearing,” the statement from the brothers’ relatives continued. “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.”

The board members’ decision focused on one question: would Erik Menendez pose an unreasonable risk to society if released?

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.

The assessment revealed the brothers possessed illegal cellphones in prison, among numerous other violations, though many are not recent. However, Erik Menendez had a phone as recently as January of this year, which Hochman stressed was during the resentencing effort when he should have been on his best behavior.

Erik Menendez had one write-up for violence 25 years ago, and Lyle Menendez has had none, the assessment said.

Barton said he considered the risk assessment report to be neutral.

The brothers were initially sentenced to life without the possibility of parole for the 1989 murders. Lyle Menendez was 21 and Erik Menendez was 18 at the time, and the brothers said they committed the murders in self-defense after years of abuse by their father.

This May, Judge Michael Jesic resentenced Erik and Lyle Menendez to 50 years to life in prison, making them immediately eligible for parole under youth offender parole laws.

Jesic noted he was moved by the supportive letters from prison guards and was amazed by the work the brothers had accomplished to better the lives of their fellow inmates. The brothers, who watched the resentencing hearing from prison, gave their own statements to the judge, admitting their guilt.

Although his parole was denied, Erik Menendez can ask the parole board to review the case for errors, according to the California Department of Corrections and Rehabilitation. Separately, California Gov. Gavin Newsom can grant clemency to the Menendez brothers at any time.

This is a developing story. Please check back for updates.