Erik Menendez has been denied parole following his first hearing in more than three decades, a pivotal moment that once again brought national attention to a case that has haunted the public since 1989. On Thursday, 36 years and one day after he and his older brother Lyle shot and killed their parents, Jose and Kitty Menendez, Erik appeared by video link from the Richard J. Donovan Correctional Facility in San Diego for a nearly ten-hour parole hearing. Now 54 years old, he was told he will not be eligible again for parole consideration until three years from now.
The parole board’s decision rested on several factors, including Erik’s behavior while incarcerated, his criminal activity before the murders such as burglaries, and, most notably, the circumstances of his mother’s killing. Commissioner Robert Barton, speaking directly to him, said that “the killing of your mother especially showed a lack of empathy and reason,” and pointed out that Erik had choices at the time, as he was already 18 and could have gone to the police or stayed with relatives instead of committing murder.
Barton also acknowledged the difficulty many sexual abuse victims face in coming forward, particularly when family is involved, but he emphasized that Erik’s decision to kill rather than seek help revealed deep flaws in judgment. Erik himself told the board that he shot his mother because he felt she had betrayed him by failing to protect him, saying, “I saw my mother and my father as one person after I learned that she knew [about Jose Menendez allegedly sexually abusing him], so when I was running into the den, I was in a state of terror, of panic, of rage.” Still, Barton made clear that it was Erik’s conduct in prison, not simply the severity of his crime, that sealed the decision.
Contrary to claims from supporters that he had been a model prisoner, the board cited incidents of inappropriate behavior with visitors, drug smuggling, violence, misuse of state computers, and the illegal use of cellphones. Even while leading rehabilitative groups, Erik was found to be violating rules by using contraband phones, which, according to Barton, suggested he continues to pose an unreasonable risk to public safety. After denying parole, Barton told Erik that he had a choice to either wallow in self-pity or take the board’s concerns to heart and make genuine changes, warning that failure to do so would likely result in the same outcome in future hearings.
Despite the denial, Erik’s family continues to stand by him. His aunt, Terry Baralt, who is also Jose Menendez’s sister and is now 85 years old and battling colon cancer, gave a moving statement of forgiveness during the hearing. She said, “Although I love my brother, I have fully forgiven Erik. Erik carries himself with kindness, integrity and strength that comes from patience and grace.” She added that her greatest hope was to live long enough to welcome Erik home, sit at the same table with him, and embrace him. Other relatives echoed her support in a statement after the hearing, saying the outcome was disappointing but reaffirming their belief in Erik’s remorse, growth, and the positive impact he has had on others during his decades behind bars.
Commissioner Barton himself acknowledged being struck by the level of support Erik received from his family but reminded everyone that two truths can coexist: Erik’s loved ones can forgive him, but he can still be deemed unfit for release. Meanwhile, his brother Lyle Menendez, now 57, is scheduled for his own parole hearing on Friday. The brothers’ family has expressed cautious optimism about Lyle’s prospects, saying they believe he has transformed his life, taken responsibility, and shown that he is ready to come home. The parole board’s central question in both cases remains the same: would releasing them pose an unreasonable risk to society?
Los Angeles County District Attorney Nathan Hochman argued strongly against their release, stating that the Menendez brothers have not demonstrated full insight into their crimes or proven themselves fully rehabilitated. A recent risk assessment described them as posing a moderate risk to the community if freed, noting that both have been caught with illegal phones and committed other violations over the years, with Erik found to have a cellphone as recently as January, during the time he should have been especially cautious due to ongoing resentencing efforts. The Menendez brothers were originally sentenced to life in prison without the possibility of parole, but in May of this year Judge Michael Jesic resentenced them under California’s youth offender parole law to 50 years to life, making them immediately eligible for parole since they were 18 and 21 at the time of the murders.
Jesic said he was moved by letters from prison guards and impressed by the work the brothers had done to improve the lives of fellow inmates, though he stressed that parole decisions would rest with the board. While Erik’s first attempt has ended in denial, he retains the option of requesting a review for errors in the decision, and California Governor Gavin Newsom holds the power to grant clemency at any time. For now, the outcome leaves Erik waiting at least three more years behind bars, while the family and public turn their eyes toward Lyle’s hearing, wondering if his fate will differ from that of his younger brother.
