After a nearly 10-hour hearing, California officials denied Erik Menendez parole on Thursday after he spent decades behind bars for killing his parents, Kitty and Jose Menendez, in 1989.
The presiding parole panel said he must wait three years before his next hearing. State law requires the parole board to schedule another hearing three, five, seven, 10 or 15 years in the future, according to the California Department of Corrections and Rehabilitation.
Menendez can ask the full parole board to review the case for factual errors that could have resulted in a different outcome.
“While we respect the decision, today’s outcome was, of course, disappointing and not what we hoped for,” the Menendez family said in a 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.”
California Corrections and Rehabilitation 
Menendez appeared virtually from the Richard J. Donovan Correctional Facility in San Diego to argue he no longer poses a threat to public safety, will not re-offend and to take full responsibility for his crimes.
The parole panel was tasked with determining whether an inmate currently poses an “unreasonable risk of danger to society” if they are released from prison, according to the CDCR.
The panel also allowed the Menendez’s family to deliver statements, all of which supported his release.
“Two things can be true. They can love and forgive you, and you can still be found unsuitable for parole,” Parole Board Commissioner Robert Barton said about the family’s support. “I believe in redemption, or I wouldn’t be doing this job. But based on the legal standards, we find that you continue to pose an unreasonable risk to public safety.”
Commissioner explains decision to deny parole
Barton said the panel understood the gravity of the hearing and their subsequent decision.
“We probably spent four times more than we do on our usual average here,” Barton said. “This is a tragic case. I agree that not only two, but four people, were lost in this family.”
Barton cited Menendez’s “behavior in prison” as the primary reason for his parole denial.
“Contrary to your supporters’ beliefs, you have not been a model prisoner, and frankly, we find that a little disturbing,” Barton said.
Barton said he believed the parole panel’s decision would have been different if Menendez had not violated prison policies since 2013. Following the denial, the commissioner listed Menendez’s violations, including inappropriate behavior with visitors, drug smuggling, misuse of computers, cell phone usage and incidents of violence in 1997 and 2011.
“One can pose a risk to public safety in many ways, with several types of criminal behavior, including the ones you were guilty of in prison,” Barton said.
Barton said Menendez’s list of CDCR rules violations has sometimes led to five-year denials in other cases, rather than the three-year denial the panel decided upon.
Along with Menendez’s violations, the panel also discussed the brutal murders of Kitty and Jose Menendez.
Over the years, Erik and his brother Lyle Menendez have claimed they killed their parents in self-defense after suffering years of alleged sexual, physical and emotional abuse.
Los Angeles County District Attorney Nathan Hochman has been an outspoken opponent of the brothers’ possible release from prison, claiming they have “never fully accepted responsibility for the horrific murders of their parents” and have lied about the alleged abuse.
“That self-defense, defense is a total lie,” Hochman said. “They’ve been perpetrating it for 35 years.”
He added that parole hearings must be based on fact and law, rather than focusing on the recent series of documentaries and television series about the brothers.
Instead of dismissing the alleged abuse, Barton expressed empathy for the brothers and their claims, but argued that they did not have to kill their parents. In hindsight, Barton suggested that the brothers could have left their parents, sought shelter with their relatives, or gone to the police rather than killing them. The commissioner described the murder of Kitty Menendez as “devoid of human compassion.”
“I can’t put myself in your place,” Barton said. “I don’t know that I’ve ever had rage to that level, ever. But that is still concerning, especially since it seems she was also a victim herself of the domestic violence.”
Barton continued, saying that he and his colleagues “recognize and understand that many sexual assault victims find it hard to come forward, especially when the perpetrators are family members,” but noted that victims don’t usually kill their abusers.
The commissioner ended the hearing by urging Menendez to continue leaning on his support network.
“I hope that the people that are out there supporting you continue to motivate you,” Barton said. “You have two options. 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.”
Lyle Menendez’s parole hearing is scheduled for Friday, Aug. 22.
“Tomorrow, we turn our attention to Lyle’s hearing,” his family said in a statement. “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.”
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