Erik Menendez was denied parole after a nearly 10-hour hearing on Thursday, Aug. 21, in which a California Board of Parole commissioner said the convicted murderer still poses an “unreasonable risk to public safety.”
Erik Menendez’s hearing lasted four times the average length for a parole hearing, where the 54-year-old was questioned about the murders of his mother and father, Kitty and Jose Menendez, in their Beverly Hills home in 1989.
Erik Menendez, 54, was convicted in the killings and sentenced to life in prison without the possibility of parole, but earlier this year, a judge resentenced him and his older brother, Lyle Menendez, to 50 years to life in prison.
The resentencing made the brothers immediately eligible for parole, though the parole board ultimately denied Erik Menendez’s request, citing continued criminal behavior at the time of the murders, as well as serious violations while in custody.
“While we give great weight to youth offender factors, your continued willingness to commit crimes and violate prison rules,” weighed against him, Board of Parole commissioner Robert Barton said.
Barton said he found the way Kitty Menendez was killed was “devoid of human compassion,” and he said that he thought Erik Menendez was “not in imminent fear” for his life.
“The truest thing you said in terms of accountability is there is no justification for your actions,” Barton told Erik Menendez.
Barton added that the seriousness of the crime was “not a primary reason for this denial” — it was his “behavior in prison.”
Barton listed some of Erik Menendez’s prison violations, including inappropriate behavior with visitors, drug smuggling, misuse of state computers and instances of violence in 1997 and 2011.
“Contrary to your supporters’ beliefs, you have not been a model prisoner and frankly we find that a little disturbing,” Barton said.
Barton also condemned Erik Menendez’s use of contraband cellphones while leading rehabilitative groups in prison.
“You have two options,” Barton told Erik Menendez. “One is to have a pity party … and then you become a self-fulfilling prophecy, probably not getting granted next time. Or you can take to heart what we discussed.”
Erik Menendez listened intently while Barton explained the board’s reasoning, but was clearly visibly hurt.
The board gave Erik Menendez a minimal denial, meaning he can reapply in three years. He also has the right to petition to advance, which means he could end up before the board earlier.
Family members of Erik and Lyle Menendez said in a statement to NBC News that while they respected the decision, the outcome was “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,” the family 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 is able to return home soon.”
Los Angeles County District Attorney Nathan Hochman has opposed the brothers’ release, and lauded the parole board’s decision in a statement after the hearing.
“The California Board of Parole has rightly decided against granting parole to Erik Menendez, and I commend the Board for its thoughtful decision and for weighing all of the evidence and relevant parole factors,” Hochman said. “This ruling does justice for Jose and Kitty Menendez, the victims of the brutal murders carried out by their sons on Aug. 20, 1989.”
Lyle Menendez is scheduled to appear before the parole board on Friday, Aug. 22.
“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,” family members of Erik and Lyle Menendez said in the statement.
NBC News legal analyst Danny Cevallos said on TODAY on Aug. 22 that the outcome of Erik Menendez’s hearing is “not good” for Lyle Menendez.
“You heard that (the family is) cautiously optimistic, I wouldn’t put optimistic in there — I’d just be cautious, if I were him,” Cevallos said. “They’re going to treat similarly situated offenders similarly, and you don’t get closer than these two brothers.
“I mean you have some minor differences — age at the time of the offense, and obviously they have different histories while incarcerated, so it’s possible that if one brother has a more pristine history or record while in custody or in correctional facilities, he might have a better shot,” he continued. “So while I wouldn’t hold out much hope, I think that if he has a better record in prison, there might be a shot, but it’s an outside one.”
