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Erik Menendez was denied parole this week, even after more than 30 years in prison. Erik and his brother, Lyle, were convicted of killing their parents in 1989. A California parole board found that Erik, now in his 50s, was still “an unreasonable risk to public safety.”

A nearly 10-hour parole hearing reviewed the progress Erik has made behind bars, his prison conduct, and the pros and cons of releasing him. The Los Angeles County District Attorney’s office recommended denying parole. Over a dozen family members spoke in favor of Erik’s parole. In the end, the board agreed with the prosecutors, citing Erik’s criminal record as a teen, the violent nature of the crime, and “serious violations” in prison.

Erik will be eligible for parole in three years. The board’s decision was read by Parole Commissioner Robert Barton, who explained that the decision was not only due to the original murders but also Erik’s prison record.

“One can be a danger to public safety in many ways, including the type of criminal behavior that you have committed in prison,” Barton told Erik. He added that Erik needed to “lean more heavily into” his “great support network” to avoid further violations.

Erik has received nine rule violations since being sent to prison for the crime. They include possession of drugs, a cell phone, and a lighter. In letters to the board, several prison staff members wrote that Erik had been a “model inmate.” Barton, however, questioned whether that was an accurate term given his disciplinary history. Erik said he only last year began to feel that he would be able to leave prison and that his “consequential thinking changed after that.”

Family members also spoke during the hearing, many through tears. They described the decades of pain that the murders had caused. But they also detailed the process of forgiveness. “To say our family has been through pain is an understatement of the last 35 years,” Tiffani Lucero-Pastor, the great-niece of the Menendezes’ mother, Kitty, said. “It has divided us. It has caused us panic and anxiety.”

Some family members also discussed abuse that the brothers claimed they suffered from their father. Kitty, their mother, was accused of not protecting her sons, and some family members said this only deepened the brothers’ fear. Karen Mae Vandermolen-Copley, Kitty’s niece, told the board her aunt’s “absence of protection deepened their fear and confusion.”

Kitty’s brother, Milton Andersen, was the only relative thought to be opposed to Erik’s parole. He died earlier this year.

In a statement to The Times after the decision, the family said they were disappointed but would respect the board’s decision. “Our belief in Erik is steadfast,” they said. “His remorse, rehabilitation, and positive influence on those around him speak for themselves. We will continue to support him and hope that he will be able to return home soon.”

Lyle Menendez to Face Parole Hearing, Governor Holds Final Say

Erik’s older brother, Lyle, will face the board for a parole hearing next. He is scheduled to appear before the panel on Friday, where they will review his rehabilitation and prison conduct. Like Erik, Lyle has had a few disciplinary violations in prison, though not as many as his brother.

During their 1993 trial, Lyle’s testimony could hurt his chances for parole. Lyle told the court he shot both his parents at close range with a shotgun. Barton said this week that the way he killed his mother showed “a lack of human compassion.”

In addition to the facts of the crime, Lyle has also been scrutinized for changes in his story about alleged abuse by their father. At one point, prosecutors said Lyle even asked his girlfriend to lie about their father drugging and raping her. These actions could prove to be an obstacle for Lyle, even as he has the support of family members who will also speak on his behalf.

The parole hearings were set after both brothers were resentenced in May to terms of 50 years to life in prison. They were previously sentenced to life in prison without parole, so the resentencing made them eligible for parole for the first time. The high-profile murder trial of the Menendez brothers has been one of the state’s most closely watched. In addition to the victims being a wealthy couple, Erik and Lyle alleged they killed their parents out of fear of abuse, a claim prosecutors have disputed, saying the brothers were motivated by their father’s wealth.

Governor Gavin Newsom will make the final decision about whether the brothers will be released. Under a 1988 state law, governors can affirm, reverse, or modify parole board decisions for anyone convicted of murder and sentenced to an indeterminate term. The board’s decisions go to an internal review for up to 120 days. Newsom then has 30 days to make a decision.

Legal experts say that California governors have rarely approved the parole of high-profile prisoners. “Every governor is fairly allergic to releasing high-profile defendants,” said Christopher Hawthorne, a professor at Loyola Law School. Some, like former governors Pete Wilson, Gray Davis, and Arnold Schwarzenegger, rarely allowed such parole cases to be released. But in the last decade, Jerry Brown and Gavin Newsom have started to reverse this trend, making parole more likely.

Still, legal experts said the Menendez brothers’ notoriety could play a role in the governor’s decision. As Hawthorne said, the governor is also tasked with public safety and assessing if the brothers have “developed any insight into their crimes.”

Erik must return to prison and will be eligible for parole at least three years from now. Lyle will soon find out if he will be on the same path or if both will continue serving the life terms they have now for more than 30 years.