A Los Angeles judge resentenced Erik and Lyle Menendez to 50 years to life in prison, meaning they are now eligible for parole.
Erik Menendez, who along with his brother Lyle was convicted of the gruesome 1989 murder of their parents, was denied parole on Aug. 21, a crushing blow to the brothers' bid for freedom after decades in prison.
A California parole board ruled that Erik Menendez, now 54, would remain in prison in San Diego after a nearly 10-hour long hearing that considered whether he would pose a threat to the public. Lyle Menendez, 57, will go before his own parole panel on Aug. 22.
California Board of Parole Hearings Commissioner Robert Barton said that Menendez continued to pose "an unreasonable risk to public safety."
"Contrary to your supporters beliefs, you have not been a model prisoner and frankly we find that a little disturbing," Barton said.
The brothers earlier this year were newly eligible for parole after a long-fought legal victory that led to their resentencing. Originally sentenced to life in prison without the possibility for parole, a judge in May ruled that they be resentenced to 50 years to life for the murders of their wealthy parents, Jose and Kitty Menendez. Youthful offender statutes - the brothers were 18 and 21 at the time of the murders - made them eligible for parole consideration with the new sentence.
Will the Menendez brothers be freed? What happens next
Erik Menendez may ask the board to review its decision for any errors of fact that, if corrected, would change the outcome. The board considered facts such as criminal history, status as a youth offender, behavior in prison and how he has changed since entering prison.
The board issued a "minimal denial," meaning Menendez could go before the board again in three years. He also has the right to "petition to advance," meaning that he could appear before the board sooner if circumstances or information point to an inmate being suitable for parole - according to the board's website.
Lyle Menendez will participate in a separate parole hearing on Aug. 22 and receive his own recommendation from a hearing panel. If he's granted parole, the news won't mean immediate freedom. The Board of Parole Hearings' decision would be reviewed by its chief legal counsel, which could take up to 120 days, according to the California Department of Corrections and Rehabilitation. Then, Gov. Gavin Newsom gets the final say and has a month to do so, according to state law.
Erik Menendez explains why he killed his parents
Erik Menendez appeared remotely at the hearing from Richard J. Donovan Correctional Facility in San Diego, wearing a light blue jumper and accompanied by two CDCR staffers who are off screen, according to a pool report.
Erik Menendez got visibly emotional as he discussed the circumstances leading up to the murders, at one point prompting Parole Commissioner Robert Barton to offer him a break.
Shortly before the killings, Erik Menendez said he broke down after seeing an incident between his parents. He told his brother "the sexual violence was still going on," marking the first time the brothers discussed the abuse.
Lyle Menendez initially believed he could do something to prevent the abuse, but when that did not work, Erik Menendez said they discussed buying guns to protect themselves.
"The talk of buying the guns was not 'Let's buy guns and kill them. The talk of the buying guns was it had now become very dangerous and I had broken the one rule my father told me never to break,'" he said.
On the night of the murders, Erik Menendez said he ran to get his gun after his father ordered him to go to his room, fearing he would either be assaulted again or killed if he tried to flee.
"You would have to live my experience to understand ... if my Dad exited that den, I was dead," Erik Menendez explained.
Barton asked why the brothers decided to kill their mother, too. Erik Menendez acknowledged that his mother was also a victim of his father's abuse, but said he no longer saw any daylight between his parents after he learned she knew about the abuse.
"On that night I saw them as one person. Had she not been in the room, maybe it would have been different," Menendez said.
Menendez admits to numerous violations during prison life
Barton said Erik Menendez's prison record is "replete" with diverse violations including "violence, manipulation, misuse of things ... you have criminal acts."
Erik Menendez admitted to numerous infractions ranging from writing personal letters on a work device and possessing contraband art supplies to physically fighting with other inmates and helping a prison gang with a tax scheme.
Before being moved to his current facility, Erik Menendez said he was living in an "extremely violent yard" and thought he had to prioritize protecting himself over following the rules because he was facing life without parole.
He said that changed in 2013.
"From 2013 on I was living for a different in purpose. My purpose in life was to be a good person ... I asked myself who do I want to be when I die. I believe I'm going to face a different parole board when I die," he said.
Erik Menendez said he had another "wake up call" when he got caught with a cell phone in 2024 and in March, he began going through the clemency process. When he realized he had a chance to get out, his "consequential thinking" kicked in.
"In November of 2024, now the consequences mattered," he said. "Now the consequences meant I was destroying my life."
What happened in the murder case?
Erik and Lyle Menendez were convicted in 1996 of the slaying of their wealthy parents, Jose and Kitty Menendez. The parents were shot to death in their Beverly Hills home the evening of Aug. 20, 1989.
The conviction came during a retrial, after the first murder trial ended with an undecided jury. To secure a conviction the second time, the brothers' attorneys have argued that substantial evidence of alleged abuse the brothers suffered at the hands of their parents was excluded from the retrial.
In the first trial, the Menendez brothers both testified that their father physically and sexually abused them while their mother emotionally battered them. Their defense attorneys argued that the young men - Lyle was 21 and Erik was 18 at the time of the murders - killed their parents in self-defense, believing that their parents were going to kill them to stop them from speaking out about the abuse.
Prosecutors painted the brothers as cold-blooded killers motivated by their parents' vast fortune, and pointed to the spending spree the two went on after the murders while initially denying their involvement and suggesting it could have been a mob hit.
A renewed wave of public interest in the case and calls for the brothers' freedom helped launch the final push toward their resentencing, despite a legal tug-of-war with opposing district attorneys and several scheduling setbacks.
Contributing: James Powel - USA TODAY