The unexpected release of audio from Erik Menendez’s tightly controlled parole hearing last week nearly derailed Friday’s proceedings for his brother, Lyle, and infuriated his family members – who raised questions about the recording’s impact on the outcome and how it was released.
The tumultuous session concluded with a California parole board denying parole for Lyle, a day after the board denied parole for his brother – a crippling blow to the brothers after a yearslong fight for release. The two were convicted of murdering their parents in 1989 at their Beverly Hills mansion.
While Friday’s hearing for Lyle was still underway, CNN affiliate ABC7 unexpectedly released an audio recording from Erik’s 10-hour parole board session the day before, obtained through a public records request.
The California Department of Corrections and Rehabilitation did not respond to CNN’s request for comment but told the Los Angeles Times the audio had been “erroneously” released without elaborating.
In the recording, Erik details the abuse he endured at the hands of his father and explains his reasons for also killing his mother, Kitty Menendez. The audio also contains the parole board’s rationale for denying his release.
News of the recording surfaced in the midst of testimony from Tamara Goodell-Lucero, Kitty’s great-niece, as she described the violence Lyle has experienced in prison at the hands of other inmates because of his last name.
As Goodell-Lucero was recounting how Lyle told her he would “take back every second” of what he did the night of his parents’ murders, she was interrupted by Lyle’s parole attorney, Heidi Rummel.
Rummel said the full audio of Thursday’s hearing had been made public, reiterated her objection to media presence during the proceedings and suggested that allowing media access may have directly contributed to what she called a “leak.”
“We came into these hearings hoping and expecting a fair and impartial hearing where Mr. Menendez could be heard, be considered and be understood,” Rummel argued. “And we have a public spectacle and this has exacerbated it twentyfold, and we now have family members who are not going to speak.”
Teresita Menendez Baralt, Kitty’s sister, said she felt uncomfortable reading her prepared statement after learning about the recording being made public and offered a short statement instead. “I want my nephew to hear how much I love him, and believe in him. I’m very proud of him and I want him to come home,” she said in tears. Two other relatives declined to speak after that.
No one had warned the Menendez relatives, who support the brothers and are also considered victims of their crimes, that their voices and “most intimate private thoughts” would be released as they made statements for their loved ones, Rummel argued. She demanded the hearing be adjourned.
Audio recordings of both hearings were strictly prohibited except by state prison officials. Media organizations were barred from releasing any information gathered by reporters observing the hearings at the headquarters of the California Department of Corrections Rehabilitation until the parole board announced its decision each day.
A department spokesperson told reporters who were permitted to observe the hearings from a conference room at the headquarters near Sacramento that the audio was accidentally shared.
Audio release sparks anger among family members and calls for hearing to be adjourned
In the beginning of Friday’s hearing, Rummel said she had a “strenuous” objection to media presence, contending that “making this a media spectacle undermines the fairness” of the process.
“It undermines their dignity,” she said. “It does not protect them, and we believe it’s a violation of Marsy’s Law.”
Marsy’s Law is part of the state constitution and intended to protect a victim’s rights to justice and due process.
“They desire the freedom to make statements that express their feelings, share their most intimate thoughts … without being concerned about media headlines,” Rummel said before Lyle’s hearing began.
Parole Commissioner Julie Garland said she understood Rummel’s concerns but overruled the objection. “This is a public proceeding and due to transparency the decision was made that media will be allowed,” she added.
A break was called and Garland later confirmed the audio from Thursday’s hearing had been made public in response to public records act requests.
“We are sitting here asking Mr. Menendez to follow rules … and in the middle of this hearing, we find out CDCR is not following its own rules,” Rummel said. “It’s outrageous.”
Tensions escalated and voices grew louder when Los Angeles County Deputy District Attorney Ethan Milius insisted the hearing should continue, stating he had yet to hear any clear violation of the law and pointing out the printed transcript was always intended to be public.
“Mr. Milius does not want to protect the victims in this case. That’s been a pattern of his office,” responded Rummel, visibly angry.
Tiffani Lucero Pastor, another of Kitty’s great-nieces, then shouted at the commissioners and began reading from Marsy’s Law.
“I want to know why the state of California and this prison system has wholly dismissed our rights as victims. Who has decided our rights as victims get thrown out the window?” Lucero Pastor asked. “This is disgusting. This process is damaged and broken.”
She added, “I have protected myself, I have stayed out of this, I have not had a relationship with two human beings because I was afraid and I came here today and I came here yesterday and I trusted that this would only be released in a transcript. … A transcript is far different from an audio recording.
“You’ve misled the family, and now to compound matters, you’ve violated this family and their rights.”
After a third break, and amid efforts to restore order and continue the hearing, Garland confirmed the audio from Friday’s session would not be released until Rummel had the opportunity to file an objection to releasing it.
However, that promise did little to reassure several victims, who refused to speak out of fear their audio would be leaked, Rummel said.
The parole board ultimately denied parole for Lyle, but he still has hope of walking free.
The board’s decision is not final; it could undergo an internal review for up to 120 days. After that, California Gov. Gavin Newsom has 30 days to affirm or reverse the decision, if he chooses. The same is true for Erik’s case.
Lyle may be eligible for parole again in three years, but as part of the decision, Garland said he will be considered for “administrative review” within a year and could be moved up to a second parole hearing in as little as 18 months.
In the released audio recording, Erik explained his decision to purchase firearms, claiming he did so to protect himself from his father, whom he accused of sexual abuse. On the night of the killings, fear drove him to use the gun because he believed his father was going to come into his room and sexually assault him again, he said.
Erik discussed using a fake ID to conceal his identity and recounted the events leading to the murders, citing intense fear and the belief that fleeing would have been a death sentence.
The recording also details the aftermath, including the disposal of the weapons and Erik’s reflection on the profound impact of his father’s behavior, saying he was raised without a moral foundation because of his father’s actions and beliefs.
The parole hearings were part of several attempts by the brothers to get the justice system to reevaluate their case, as understanding of child sexual abuse has evolved over the years.
Friday’s 11-hour hearing also spent a large amount of time on the abuse Lyle and his brother have said they endured, and the actions leading up to and after the murder of their parents. Lyle said experiences from his childhood and the aftermath of his parents’ murders left a deep and glaring hole in his life, which he says he tried to fix through good deeds in prison.
On August 20, 1989, the two brothers rushed into the den of home and fatally shot their parents multiple times. The brothers have long said they killed their parents out of fear after a lifetime of abuse from them, especially their father.
CNN’s Taylor Romine and Elizabeth Wolfe contributed to this report.
