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Erik Menendez was denied parole after more than 30 years in prison this week. The California parole board found that he, who was convicted with his brother Lyle in the 1989 murders of his parents, still presents “an unreasonable risk to public safety.”

The nearly 10-hour hearing earlier this week covered everything from Erik’s rehabilitation and behavior in prison to the pros and cons of his release. Prosecutors from the Los Angeles County District Attorney’s office pushed for the parole denial, and more than a dozen family members testified in his support. In the end, the board agreed with prosecutors that his past as a juvenile offender, the horrific nature of the murders, and “serious violations” in prison make him a risk.

The now 50-something-year-old will be up for parole again in three years. Parole Commissioner Robert Barton explained the decision, telling Erik that it wasn’t just the nature of his original crimes but his behavior in prison that factored into the ruling.

“One can pose a risk to public safety in many ways, by committing many types of criminal behavior, including some of the ones that you were guilty of in prison,” Barton said. He asked Erik to rely on his “great support network” more if he wants to avoid future violations.

Erik has racked up nine rule violations during his time in prison. They range from simple drug possession to having contraband items like a cell phone and a lighter. Several prison staff members have written letters to the parole board calling Erik a “model inmate.” However, Barton questioned that characterization, asking him if it was really true given his violations. Erik replied that it was only last year that he believed there was a chance he could be released, and that his “consequential thinking” evolved as a result.

Family members, many in tears, described the pain and fracturing the murders had caused over the last three and a half decades, but they also spoke of forgiveness. “To say that our family has experienced pain does not quite capture what the last 35 years have been like,” Tiffani Lucero-Pastor, the great-niece of the Menendez brothers’ mother, Kitty, said. “It has divided us. It has caused us panic and anxiety.”

Some family members also mentioned that Kitty’s inaction, as their alleged abuse was happening in the home, only deepened the fears of Lyle and Erik. Karen Mae Vandermolen-Copley, Kitty’s niece, said her aunt’s “absence of protection deepened their fear and confusion.” The only family member who was known to oppose parole was Kitty’s brother, Milton Andersen, who died earlier this year.

Afterward, they put out a statement deploring the decision but understanding of the board’s ruling. “Our belief in Erik remains unwavering,” the statement said. “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 can return home soon.”

Lyle Menendez to Face Parole Hearing, Governor Holds Final Say

Erik’s brother, Lyle, 55, will face the parole board himself next. His hearing will take place on Friday, where the board will also review his record and time in prison. Lyle has a similar history of rehabilitation but slightly fewer disciplinary violations than Erik. However, the brutality of his actions during the killings might count against him.

In his 1993 trial, Lyle testified that he shot both parents multiple times at close range with a shotgun. This week, Barton noted that their mother’s death “was devoid of human compassion.”

Lyle has also been dogged by discrepancies in his allegations of abuse from their father. At one point, prosecutors allege, he even tried to get his girlfriend to lie about being drugged and raped by his father. These questions may come back to haunt Lyle in his parole hearing, even if many family members are expected to speak in his favor.

The parole hearings for the brothers come after they were resentenced in May from life without the possibility of parole to a term of 50 years to life, which made them eligible for parole for the first time. It’s also one of the most famous murder trials in California history, fueled in part by their claims that they killed out of fear of abuse. Prosecutors, in contrast, said the killings were motivated by their father’s money.

The state governor, Gavin Newsom, has the final say over the brothers’ fate. Under a 1988 state law, the governor can uphold, reject, or modify parole board decisions for those convicted of murder with indeterminate sentences. Newsom’s review team has 120 days for an internal review, and then he has 30 days to make a decision.

Legal experts said California governors have generally shied away from freeing high-profile prisoners. “Every governor is fairly allergic to releasing high-profile defendants,” said Christopher Hawthorne, a professor at Loyola Law School. Pete Wilson, Gray Davis, and Arnold Schwarzenegger rarely allowed such parole, but Jerry Brown and Gavin Newsom have changed the pattern in the last 10 years, making parole a more realistic possibility.

Still, the Menendez brothers’ fame could make their case more challenging. As Hawthorne put it, Gavin Newsom will have to balance public safety against whether or not they have truly “penetrated to the motives and the causes of their crimes.”

For now, Erik will remain in prison for at least another three years before he can try to gain parole. Lyle will soon know whether his path veers in another direction or if both he and Erik remain in prison for the life sentences they’ve been serving for more than 30 years.