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Erik Menendez was denied parole by a California parole board this week after serving more than 30 years in prison. The panel found Erik, who, with his brother Lyle, was convicted of murdering their parents in 1989, continues to pose “an unreasonable risk to public safety.”

The parole hearing took nearly 10 hours as the board heard about Erik’s rehabilitation and conduct in prison, as well as arguments from supporters and prosecutors. The Los Angeles County District Attorney’s office argued that the panel should deny parole, as did more than a dozen family members. The board agreed with prosecutors, saying Erik’s criminal activity as a teenager, the violent nature of the crime, and “serious violations” in prison warranted the decision.

Erik, who is now in his 50s, will be eligible to request parole again in three years. Parole Commissioner Robert Barton explained the panel’s decision, saying that while the seriousness of the murders factored into the decision, his prison record did, too.

“One can pose a risk to public safety in many ways, with many types of criminal behavior, including the ones you were guilty of in prison,” Barton told Erik. He added that Erik should rely more on his “great support network” to prevent more prison violations.

Erik has been cited for nine prison rule violations since arriving in California, including drug possession and having contraband items like a cell phone and lighter. Several correctional officers have written letters on Erik’s behalf, calling him a “model inmate.” Barton asked if the board could use that term to describe Erik, given his rule violations. Erik said that until about a year ago, he didn’t think that he would ever be released and that his “consequential thinking” only changed as he was being considered for parole.

Erik’s family members who testified were often tearful as they described the decades of hurt and separation that the murders caused the family, but they also spoke about forgiveness. “To say that our family has experienced pain does not 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 said Kitty’s failure to stop the abuse that both brothers claimed their father was inflicting on them in their home only heightened their fear. Karen Mae Vandermolen-Copley, Kitty’s niece, said her aunt’s “absence of protection deepened their fear and confusion.” The only family member known to oppose parole was Kitty’s brother, Milton Andersen, who died earlier this year.

In a statement after the decision, the family expressed disappointment but said they respected the board’s decision. “Our belief in Erik remains unwavering,” the statement said. “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 can return home soon.”

Lyle Menendez to Face Parole Hearing, Governor Has Final Say

Erik’s older brother, Lyle Menendez, will have his parole hearing next, with the board scheduled to hear his case on Friday. There, the board will decide if his record of rehabilitation and prison conduct justifies his release. Lyle has slightly fewer disciplinary infractions than Erik, but his behavior at the time of the killings may count against him.

At the 1993 trial, Lyle took the stand and testified that he fired multiple shots from a shotgun at close range at both parents. Barton noted this week that Lyle’s mother’s death was “devoid of human compassion.”

Lyle was also called out this week over inconsistencies in his claims of abuse from their father. At times, prosecutors said, he even asked his girlfriend to lie and say his father had drugged and raped her. These issues could create problems for his release, even though many members of the family have signaled support and plan to testify on his behalf.

The parole hearings for both brothers have been months in the making. The two were resentenced in May from life without parole to 50 years to life in prison, making them eligible for parole for the first time. Their trial was one of the most high-profile murder cases in California’s history, and the case captured public attention because the brothers claimed they killed their parents out of fear from years of abuse. The prosecution has always maintained that the motive for the killings was financial because of the elder Menendez’s fortune.

Ultimately, it will be up to Governor Gavin Newsom to accept, reject, or modify the parole board’s decision on either of the brothers. Under a 1988 California law, the governor can act on decisions for people convicted of murder and given an indeterminate sentence. After the decision is referred for internal review, which can take up to 120 days, the governor then has 30 days to make his decision.

Legal experts say the California governor has generally been averse to releasing high-profile offenders. “Every governor is fairly allergic to releasing high-profile defendants,” Loyola Law School professor Christopher Hawthorne said. Past governors Pete Wilson, Gray Davis, and Arnold Schwarzenegger never allowed parole in such cases, but former Governor Jerry Brown and the current Governor Gavin Newsom have started a trend in the last 10 years of parole being more likely.

The notoriety of the Menendez brothers, however, could make it difficult to release either one. “The governor is asking himself, is there a real problem of public safety, and is there real insight on the part of the defendant into the offense?” Hawthorne added.

For now, Erik will continue to serve his life sentence with his next opportunity for release at least three years away. Lyle will soon find out if his path is different or if both he and his brother will continue the sentences they began more than 30 years ago.