Erik Menendez denied parole, Lyle Menendez to learn his fate on Friday
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: his behavior 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.
Barton noted that Erik Menendez could've 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 noted that it is Erik Menendez's behavior in prison, not the seriousness of the crime, that is the "primary reason for this denial."
"Contrary to your supporters' beliefs, you have not been a model prisoner, and frankly, we find that a little disturbing," Barton said.
Barton noted Erik Menendez's inappropriate behavior with visitors, drug smuggling, misuse of state computers and violence incidents. The board also took issue with Erik Menendez illegally using cellphones while leading rehabilitative groups.
"We find that you continue to pose an unreasonable risk to public safety," Barton said.
After denying him parole, Barton said to Erik Menendez, "You have two options: one is to have a pity party ... and then you become a self-fulfilling prophecy, probably not getting granted [parole] next time. Or you can take to heart what we discussed."
"I hope that the people that are out there supporting you continue to motivate you," Barton said.
Erik Menendez's aunt and Jose Menendez's sister, Terry Baralt, said at the hearing, "Although I love my brother, I have fully forgiven Erik. ... Erik carries himself with kindness, integrity and strength that comes from patience and grace."
Baralt, 85, who is battling colon cancer, added, "More than anything, I hope I live long enough to welcome him into my home, to sit at the same table, to wrap my arms around him."
Erik Menendez's relatives, who have been pushing for his release, said in a statement after the hearing, "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."
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."
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.
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.
