Erik Menendez denied parole after hearing

(NewsNation) — A California state panel Thursday denied parole to Erik Menendez, one of two brothers who has been imprisoned more than three decades for the notorious 1989 shotgun murders of their parents.

The closely watched decision on the 54-year-old inmate, following a 10-hour hearing, comes a day before the California Board of Parole was scheduled to hear arguments over whether Lyle Menendez, 57, should be released.

The brothers became eligible for parole earlier this year after a judge reduced their sentences from life in prison without the possibility of parole to 50 years to life. Supporters of the Menendez brothers said the two have consistently demonstrated how they have been reformed behind bars.

“While we respect the decision, today’s outcome was of course disappointing and not what we hoped for,” Menendez family members said in a prepared statement. “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.”

Commissioner Robert Barton said the panel spent an unusually long time weighing its decision on Erik Menendez and recognized the advocacy of family members.

“Two things can be true,” he told a visibly upset Erik Menendez. “They can love and forgive you, and you can still be found unsuitable for parole.”

Erik Menendez prison behavior a problem: Commissioner

In denying parole for at least another three years, Barton cited prison violations by Erik Menendez that have included inappropriate behavior with visitors, drug smuggling, misuse of state computers, incidents of violence in 1997 and 2011 and possession of a cellphone.

“Contrary to your supporters’ beliefs, you have not been a model prisoner,” Barton said.

The commissioner also cited the brutality of the killings, especially that of Erik’s mother, Kitty Menendez.

“That is still concerning, especially since it seems she was also a victim herself of the domestic violence,” he said.

Parole board commissioners previously determined the Menendez brothers have a “moderate risk” of committing violence if they are freed. California criminal defense attorney Brian Claypool tells “NewsNation Now” that inmates with the mid-level of risk assessment only get paroled 20% of the time, compared with the two-thirds of “low-risk” inmates who are granted parole.

Gov. Newsom has final say on parole

Under state law, California Gov. Gavin Newsom has final say over parole decisions, adding an additional hurdle for the brothers, who have spent three decades in prison for the 1989 murders of their parents at their Beverly Hills mansion. 

Whenever the board grants parole, its chief legal counsel has 120 days to review the decision “for legal or factual errors,” according to information posted on the Board of Parole website. If upheld by the legal counsel and sent to the governor’s office, Newsom has 30 days to affirm or deny parole under a law passed by voters in 1988. 

Newsom was noncommittal Thursday when the Menendez case came up at an unrelated appearance, but he said he is keeping an open mind.

“I have not watched any documentary. I have not watched anything that has come out on the Menendez brothers. And I very intentionally avoided that in expectation and anticipation that this might land on my desk,” the governor said. “So, the facts themselves will speak for themselves, not my opinion, not what’s on TikTok or what’s on YouTube or not what you or others may be saying about these two individuals.”

Menendez brothers have never accepted responsibility: DA

Los Angeles County District Attorney Nathan Hochman, who has fought efforts to parole the Menendez brothers, said his office submitted a more than 80-page analysis to parole officials mapping out how the brothers brutally murdered their parents.

He said the information reflects prison records of the Menendez brothers, interviews with family members, trial transcripts and gruesome evidence about the way Jose and Kitty Menendez died on Aug. 20, 1989. The prosecutor said the Menendez brothers, for decades, have not told the truth about the murders.

“If they ever do it, they might be ready for parole. But they have not done it yet, and therefore we have argued are not ready for parole at this hearing,” Hochman told “Elizabeth Vargas Reports.”