Erik, Lyle Menendez denied parole 30+ years after killing parents

Lyle Menendez was denied parole on Friday, one day after his brother Erik Menendez received the same recommendation. The decisions will now be reviewed by the parole board before going to the governor.

What we know:

The California Department of Corrections and Rehabilitation announced the decision on Friday after an 11-hour hearing. 

Parole commissioners determined that Lyle Menendez could still pose a risk to the public if he were released, according to details of the hearing provided by a pool reporter.

The brothers have spent more than 30 years in prison for the 1989 murders of their parents, José and Kitty Menendez.

Lyle Menendez discusses abuse

In the Friday hearing, Lyle Menendez described the abuse he suffered at the hands of both his parents, which the brothers have maintained for years was the motivation for the murders.

In his closing statement, Lyle Menendez took sole responsibility for the killings.

"I will never be able to make up for the harm and grief I caused everyone in my family," he said. "I am so sorry to everyone, and will be forever sorry."

Prison behavior questioned

Just like with his brother Erik, commissioners questioned Lyle Menendez's use of cellphones in prison. 

Lyle Menendez said that prison staff were monitoring his communications with his family and selling them to tabloids, so he used cellphones to communicate with his wife and family privately.

However, while Erik Menendez's panel on Thursday ruled he was still a risk to public safety, the panel on Friday noted that a psychologist found Lyle Menendez at "very low" risk for violence if he were to be released.

What they're saying:

"I would never call myself a model incarcerated person," Lyle Menendez said. "I would say that I'm a good person, that I spent my time helping people. ... I'm the guy that officers will come to resolve conflicts."

Parole board questions Erik's responsibility

After nearly 10 hours on Thursday, a separate panel of two California commissioners denied Erik Menendez parole.

During the hearing, the commissioners determined Erik should not be freed despite strong support from family members who have advocated for the brothers' release for months.

Commissioner Robert Barton said the primary reason for the decision was not the seriousness of the crime but Menendez’s behavior in prison. The repeated use of a cellphone was "selfish" and a sign of Menendez believing that rules don’t apply to him, Barton said to Menendez.

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While the Menendez brothers admitted to the murders of their parents, they said the reason is that they feared for their lives after enduring years of abuse from their father. Los Angeles County District Attorney Nathan Hochman and his office argued the brothers committed the murders out of greed and cited their lavish spending spree after the murders.

Since his incarceration, Erik has been described as a "model inmate" by several correction staff members who submitted letters expressing support.

Erik Menendez's prison record, transformation behind bars

Dig deeper:

The panel of commissioners scrutinized the nine rule violations Erik has had during his imprisonment, which range from fights to allegations that he worked with a prison gang, bought drugs, used cellphones and helped with a tax scam.

He told commissioners that since he had no hope of ever getting out then, he prioritized protecting himself over following the rules. Then last fall, LA prosecutors asked a judge to resentence him and his brother — opening the door to parole.

"In November of 2024, now the consequences mattered," Menendez said. "Now the consequences meant I was destroying my life."

PREVIOUS COVERAGE: Menendez brothers parole hearings decision after decades in prison for parents’ 1989 murders

The board also brought up his earliest encounters with the law, when he committed two burglaries in high school.

"I was not raised with a moral foundation," he said. "I was raised to lie, to cheat, to steal in the sense, an abstract way."

The panel asked about details like why he used a fake ID to purchase the guns he and Lyle Menendez used to kill their parents, who acted first and why they killed their mother if their father was the main abuser.

Barton asked: "You do see that there were other choices at that point?"

"When I look back at the person I was then and what I believed about the world and my parents, running away was inconceivable," Menendez said. "Running away meant death."

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"Two things can be true. They can love and forgive you, and you can still be found unsuitable for parole," Barton said.

"Contrary to your supporters’ beliefs, you have not been a model prisoner and frankly we find that a little disturbing," Barton said, questioning if that meant Menendez was not entirely honest with family members about his behavior.

Family members deliver emotional remarks

The other side:

Erik's parole attorney, Heidi Rummel, emphasized 2013 as the turning point for her client.

"He found his faith. He became accountable to his higher power. He found sobriety and made a promise to his mother on her birthday," Rummel said. "Has he been perfect since 2013? No. But he has been remarkable."

Commissioner Rachel Stern also applauded him for starting a group to take care of older and disabled inmates.

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Since the brothers reunited, they have been "serious accountability partners" for each other. At the same time, he said he’s become better at setting boundaries with Lyle Menendez, and they tend to do different programming.

More than a dozen of their 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.

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"Erik carries himself with kindness, integrity and strength that comes from patience and grace," she said.

Life sentences for the murders of their parents

The backstory:

The brothers are serving life sentences without parole for the murder of their parents, Jose and Mary Louise "Kitty" Menendez, in 1989. 

Erik, then 18, and Lyle, then 21, claimed that the murders came after their father — the chief operating officer of RCA Records — sexually abused them for years and their mother ignored the abuse. They have maintained that they feared for their lives and that José had threatened to kill them if they told anyone about the alleged sexual abuse.

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In a 2023 court petition, attorneys for the brothers pointed to two new pieces of evidence they contend corroborate the brothers' allegations of long-term sexual abuse at the hands of their father — a letter allegedly written by Erik to his cousin Andy Cano in early 1989 or late 1988, eight months before the August 1989 killings, and recent allegations by Roy Rosselló, a former member of the Puerto Rican boy band Menudo, that he too was sexually abused by José as a teenager.

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The brothers became eligible for parole after a Los Angeles judge in May reduced their sentences from life in prison without the possibility of parole to 50 years to life, making them immediately eligible for parole under California law because they were under the ages of 26 when they committed their crimes.

The case has captured the attention of true crime enthusiasts for decades and spawned documentaries, television specials and dramatizations. The Netflix drama "Monsters: The Lyle and Erik Menendez Story" and the documentary "The Menendez Brothers," both released in 2024, have been credited for bringing new attention to the brothers.

Gov. Newsom decides the brothers' fate

What's next:

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.

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Under California law, in the cases of inmates convicted of murder, like the Menendez brothers, parole granted by the board is subject to review by the governor. 

Gov. Gavin Newsom has the authority to approve, deny or modify the parole decision during a review that can last up to 120 days. After that, Newsom has 30 days to affirm or reverse the decision if he chooses.

His decision is the final step in the parole hearing process.

If the Menendez brothers are ultimately denied release, they will both be eligible for parole again in three years.

The Source: Information in this story comes from pool reporters designated to attend both Erik Menendez and Lyle Menendez's hearings, the Associated Press, and details from previous FOX 11 coverage and court documents.

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