Brutality of 1989 Murders Still Weighs Heavily on Menendez Parole Decisions

Brutality of 1989 Murders Still Weighs Heavily on Menendez Parole Decisions
  • calendar_today August 15, 2025
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Erik Menendez was denied parole this week after serving more than 30 years in prison. A California board that considers parole released its ruling on Erik this week, which found that he “still poses an unreasonable risk to public safety.”

A parole board of three commissioners heard from the convicted killer during an almost 10-hour hearing earlier this month. The March 7 hearing covered a range of subjects related to Erik’s rehabilitation, his conduct in prison, and arguments both for and against his release. A representative from the Los Angeles County District Attorney’s office argued that Erik should not be released, while more than a dozen family members advocated for his release. The board sided with prosecutors in the end, citing his criminal past as a teenager, the nature of the crime, and “serious violations” while in prison.

Erik, who is now in his 50s, will next be eligible for parole in three years. Explaining the board’s decision, Parole Commissioner Robert Barton said that the murder of his parents was just part of the board’s decision, and that Erik’s prison record also played a key role.

“One can pose a risk to public safety in many ways, with many types of criminal behavior, including the ones you were guilty of in prison,” Barton told Erik. He encouraged Erik to “take greater advantage of your great support network, not to re-offend or violate while on parole.”

Erik was found to have broken rules at least nine times since his arrest, for infractions including drug use and the possession of contraband such as a cell phone and a lighter. While several prison staff have written letters on Erik’s behalf describing him as a “model inmate,” Barton asked if that was a fair assessment considering his record of violating prison rules. Erik said that until last year, he had not believed that he would be a release candidate, and that his “consequential thinking” on that matter was “distorted.”

Relatives of Erik and Lyle’s family described both the pain caused by the killings and the rift that it caused in the family for decades, as well as the forgiveness they had extended. “To say that our family has experienced pain does not quite capture what the last 35 years have been like,” said Tiffani Lucero-Pastor, great-niece of the brothers’ mother, Kitty. “It has divided us. It has caused us panic and anxiety.”

Others suggested that Kitty’s inaction in the face of alleged abuse in the home made the brothers even more fearful. Karen Mae Vandermolen-Copley, a Kitty’s niece, said her aunt’s “absence of protection deepened their fear and confusion.” The only family member known to be against parole was Kitty’s brother, Milton Andersen, who died earlier this year.

In a statement after the ruling, the family said that while they were “disappointed,” they understood and respected the decision of the board. “Our belief in Erik remains unwavering,” the statement 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 can return home soon.”

Lyle Menendez to Face Parole Hearing, Governor Holds Final Say

While Erik was denied parole, his older brother, Lyle, will also face a parole board next week. His hearing will be held on Friday, with the same three-member board expected to rule on his record of rehabilitation and prison conduct. While Lyle has fewer disciplinary violations than Erik, his behavior at the time of the killings may be a key consideration in the board’s ruling.

Lyle, under questioning from prosecutors at his trial, admitted to shooting his parents multiple times at close range with a shotgun. Barton highlighted this week that the circumstances of their mother’s death were “devoid of human compassion.”

Lyle’s claims of abuse, particularly from their father, have also been called into question. He has changed key details of abuse over time and at one point even asked his girlfriend to lie about being drugged and raped by their father. Prosecutors said this week that those actions could weigh on his parole hearing, even though a range of family members will also speak on his behalf.

The parole hearings are the latest development for the two brothers after they were resentenced from life without the possibility of parole to terms of 50 years to life in May, allowing them to become eligible for parole for the first time. The case against the brothers has been one of the most high-profile murder trials in California history, with their decision to kill their parents being attributed to years of abuse, and prosecutors have painted the brothers as more motivated by their father’s wealth.

In the end, California Governor Gavin Newsom will have the final say on whether either man is released. A 1988 state law gives the governor power to approve, deny, or modify parole board decisions for those convicted of murder and sentenced to an indeterminate prison sentence. The board’s decision on Erik and Lyle’s cases is subject to an internal review for up to 120 days, after which Newsom has 30 days to take action.

Newsom and his predecessors have been hesitant to release high-profile prisoners, legal experts say. “Every governor is fairly allergic to releasing high-profile defendants,” Christopher Hawthorne, a professor at Loyola Law School, told the Guardian. Former governors Pete Wilson, Gray Davis, and Arnold Schwarzenegger rarely allowed parole for such inmates, though Brown and Gavin Newsom have bucked the trend in the last decade, making parole more possible.

But the notoriety of the Menendez brothers’ crimes may complicate that. “The governor, no matter who it is, has to look at these cases and decide do they still present a threat to public safety and have they really shown any insight and acceptance of responsibility for their crimes,” Hawthorne said.

For now, Erik will remain in prison with his next chance for parole at least three years away. Lyle will soon find out if his fate will be different or if both will serve the life terms they were given more than three decades ago.