One day after his younger brother was denied in his bid for parole, a state parole board panel on Friday rejected a similar effort by Lyle Menendez, who has served nearly 35 years in prison with his sibling for the 1989 shotgun slayings of their parents in their Beverly Hills mansion.
The brothers had been imprisoned without the possibility of parole for the Aug. 20, 1989, killings of Jose and Mary Louise “Kitty” Menendez. The Menendez brothers claim the killings were committed after years of abuse, including alleged sexual abuse by their father.
In May, however, the brothers were resentenced to 50 years to life, automatically making them eligible for parole consideration because they were younger than 26 when the crime occurred.
Their separate hearings this week come nearly 30 years after the brothers were convicted of first-degree murder in 1995 for the 1989 killings of their parents. They were sentenced to life in prison without parole in 1996.
After a nearly 10-hour hearing Thursday, a parole panel rejected a parole bid by 54-year-old Erik Menendez. Lyle Menendez, 57, hoped for a different fate late on Friday after another marathon day of testimony.
In May, however, the brothers were resentenced to 50 years to life, automatically making them eligible for parole consideration because they were younger than 26 when the crime occurred.
During Thursday’s hearing for Erik Menendez, the younger of the brothers faced hours of questioning about the murders and his relationship with his parents, along with his write-ups for numerous violations while in state prison.
Parole Commissioner Robert Barton told Erik Menendez, “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.”
The parole commissioner cited statements from family members supporting his release, saying of them, “Two things can be true. They can love and forgive you and you can still be found unsuitable for parole.”
“… Contrary to your supporters’ beliefs, you have not been a model prisoner and frankly we find that a little disturbing,” Barton said, citing many of Erik Menendez’s prison violations, including inappropriate behavior with visitors, drug smuggling, misuse of state computers and incidents of violence in 1997 and 2011.
He told Erik Menendez that the “truest thing you said in terms of accountability is there is no justification for your actions,” calling it a “tragic case” and saying that Kitty Menendez’s killing “especially showed a lack of empathy and reason.”
Barton cited Erik Menendez’s “continued willingness to commit crimes and violate prison rules” and noted that the seriousness of the crime itself was “not a primary reason for this denial.”
“It’s still your behavior in prison,” he said, noting in particular Erik Menendez’s violations of state prison rules involving cell phones.
Deputy Parole Commissioner Rachel Stern noted that Erik Menendez led rehabilitation groups while violating California Department of Corrections and Rehabilitation rules, also citing his recent behavior involving phones.
The parole denial for Erik Menendez — who like his brother is housed at Richard J. Donovan Correctional Facility in San Diego — is for at least three years, but he can ask for an earlier hearing.
As he wrapped up his comments to the parole board panel, Erik Menendez said, “I just want my family to understand that I am so unimaginably sorry for what I have put them through from August 20, 1989, until this day, and this hearing. I know that they have been here for me and they’re here for me today, but I want them to know that this should be about them. It’s about them and if I ever get the chance at freedom I want the healing to be about them.”
“Don’t think it’s the healing of me. It’s the healing of the family. This is a family tragedy,” he said.
He cited the pain the killings have caused family members.
“I’ve called it a forever crime,” he said. “It will impact every generation to be born. I cannot express sorrow and remorse enough. Doing it for the rest of my life will not be enough.”
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