Menendez is scheduled to appear virtually from the Richard J. Donovan Correctional Facility in San Diego on Friday morning.
The brothers have maintained that they acted in self-defense after suffering years of alleged physical, sexual and emotional abuse from their parents. The Menendez brothers' appellate attorney, Mark Geragos, and several family members have said they believe the brothers have changed after so much time in prison.
He spoke with CBS News Los Angeles on Friday morning ahead of Lyle's hearing. He said that neither brother testified to sexual abuse in the trial, but that they rather stated they believed their parents would kill them instead. Hochman said that the violent nature of the crimes, the pre-planned alibis and the clearing of evidence did not fall in line with their claims of sexual abuse.
He said that neither of the brothers is yet ready for parole.
"It's not a question of never, it's a question of not yet," Hochman said.
Erik Menendez attends his parole hearing virtually. California officials denied the convicted killer parole on Aug. 21, 2025. California Corrections and RehabilitationErik Menendez's parole hearing
Parole Board Commissioner Robert Barton explained that the panel understood the gravity of the hearing but could not recommend parole primarily because of Erik Menendez's "behavior in prison."
Barton said he believed the parole panel's decision would have been different if Erik 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.
Along with Menendez's violations, the panel also discussed the brutal murders of Kitty and Jose Menendez.
"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.
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