Erik Menendez was denied parole during his hearing Thursday, nearly 30 years after he and his brother, Lyle, were convicted of first-degree murder in 1995 for the 1989 killings of their parents, Jose and Kitty Menendez.
The Menendez brothers were sentenced to life in prison without parole in 1996 but after a Los Angeles judge reduced their sentences to 50 years to life in May, they immediately became eligible for parole under California law because they were under the age of 26 when they committed their crimes.
Menendez, 54, appeared via videoconference from the Richard J. Donovan Correctional Facility in San Diego for his nearly 10-hour parole hearing.
A panel of two parole commissioners said Menendez was unsuitable for release, basing its decision on multiple factors, including his behaviour in prison, burglaries he participated in before the murders and the killing of his parents.
They said his actions in prison, including affiliating with a prison gang and having a cellphone in violation of the rules, showed he was a risk to public safety.
“One can pose a risk to public safety in many ways, with several types of criminal behaviour, including the ones you were guilty of in prison,” commissioner Robert Barton said.
Barton said Menendez will be eligible to appear before the parole board again in three years and urged him to change his behaviour.
“You have two options,” Barton said. “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.”
“I believe in redemption, or I wouldn’t be doing this job,” he added. “But based on the legal standards, we find that you continue to pose an unreasonable risk to public safety.”
During his hearing, Menendez offered his most detailed account in years of how he was raised and why he made the choices he did — both at the time of his parents’ killing and during his decades in prison.
“I was not raised with a moral foundation,” he said. “I was raised to lie, to cheat, to steal, steal in the sense, an abstract way. When I was playing tennis my father would make sure that I cheated at certain times if he told me to. The idea that there is a right and wrong that I do not cross because it’s a moral bound was not instilled in me as a teenager.”
He also spoke about his relationship with his father, who he said sexually abused him for years.
“I fantasized about my father not being alive,” Menendez said.
Prosecutors asked why he chose to kill his father rather than leave the family home, as he was already 18. He said: “In my mind, leaving meant death. There was no consideration. I was totally convinced there was no place I could go.”
He also spoke about how much he feared his father, saying, “It’s difficult to convey how terrifying my father was.”
Menendez brothers eligible for parole after resentencing for 1989 murders of parents
The panel of commissioners asked Menendez why he killed his mother as well, if his father was the abuser. Menendez explained that he did not see any difference between his parents because he found out that his mother knew about the abuse.
“It was the most devastating moment in my entire life. It changed everything for me. I had been protecting her by not telling her,” he said.
When speaking about shooting his mother, Menendez said, “I wish to God I did not do that.”
Barton told Menendez the killing of his mother “especially showed a lack of empathy and reason.”
“We recognize and understand that many sexual assault victims find it hard to come forward, especially when the perpetrators are family members,” Barton added.
When the commissioners were speaking about the numerous rule violations Menendez committed in prison, including drinking alcohol, he said he drank to “numb my sadness.”
“I would have taken other drugs to numb that pain…. I was looking to ease that sadness within me,” Menendez added.
He also spoke about why he chose to use a cellphone in prison.
“What I got in terms of the phone and my connection with the outside world was far greater than the consequences of me getting caught with the phone,” he said.
More than a dozen of Menendez’s relatives delivered emotional statements at Thursday’s hearing via videoconference.
“Seeing my crimes through my family’s eyes has been a huge part of my evolution and my growth,” Menendez said. “Just seeing the pain and the suffering. Understanding the magnitude of what I’ve done, the generational impact.”
His aunt Teresita Menendez-Baralt, who is Jose Menendez’s sister, said she has fully forgiven him. She noted that she is dying from Stage 4 cancer and wishes to welcome him into her home.
“Erik carries himself with kindness, integrity and strength that comes from patience and grace,” she said.
Menendez brothers must fully admit to lies before being freed, prosecutor says
Another relative promised the parole board that she would house Menendez in Colorado, where he can spend time with his family and enjoy nature.
After Menendez was denied parole, his spokesperson called the outcome of the hearing “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,” the spokesperson said in a statement.
“Tomorrow, we turn our attention to Lyle’s hearing. 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.”
Lyle Menendez, 57, is set to appear by videoconference Friday for his parole hearing. The brothers still have a pending habeas corpus petition filed in May 2023 seeking a review of their convictions based on new evidence supporting their claims of sexual abuse by their father.
— With files from The Associated Press