What to Know

  • Erik Menendez was denied parole for three years, the minimum denial, at Thursday’s hearing. Lyle Menendez’s proceeding is set for Friday.
  • If granted, parole could mean freedom for the brothers after more than 30 years in prison for the shotgun murders of their parents in 1989 at the family’s Beverly Hills mansion.
  • A grant of parole is subject to reviews from the California Board of Parole chief counsel and Gov. Gavin Newsom as part of a process that could take months.
  • The brothers are appearing for the hearings on a video feed from the Richard J. Donovan Correctional Facility in San Diego.
  • The path to the parole hearings was cleared when the brothers, serving life prison sentences without possibility of parole, were resentenced to 50 years to life.

Lyle Menendez will make his own bid for freedom Friday one day after his younger brother was denied parole 36 years after they killed their parents inside the family’s Beverly Hills mansion in 1989.

While the elder Menendez will face a different panel with a different commissioner and deputy commissioner, the findings and comments from Erik Menendez’s hearing could offer insights into what’s to come.

“Very grim news for Lyle Menendez, the older brother, the alleged architect of the plan to kill their parents,” said NBCLA legal analyst Royal Oakes.

Here’s what to know.

Continued criminal behavior

During Erik Menendez’s parole hearing, his disciplinary report highlighted more than a dozen prison rule violations, including drug use and physical altercations.

While Lyle Menendez’s full report was yet to be shared, Los Angeles County District Attorney Nathan Hochman had revealed Lyle, like his brother, was caught having a cellphone inside the prison.

The brothers’ attorney, Mark Geragos, had argued the cellphone possession is not a “super strike,” but Parole Commissioner Robert Barton, who presided over Erik’s hearing, said the behavior during incarceration contributed to the denial of parole.

“One can pose a risk to public safety in many ways, with several types of criminal behavior, including the ones you were guilty of in prison,” Barton told Erik Menendez Thursday. “Your institutional misconduct showed a lack of self awareness.”

Deputy Parole Commissioner Rachel Stern added Erik’s recent behavior with the phones was a problem for her to grant parole.

“Sometimes the cover-up is as bad as the crime,” she said.

It’s not clear whether Lyle Menendez committed other offenses involving drugs and alcohol like his brother.

Past crimes

As Lyle Menendez is expected to discuss the fear and hatred he felt toward his abusive father, Jose, his parole panel could reexamine the brutality of their parents’ murders and the brothers’ attempt for a cover-up.

While Erik Menendez’s parole commissioner did not mention the brothers’ burglaries — committed before their parents’ murders – in his decision, they will likely be brought up during Lyle Menendez’s hearing as well.

The brothers’ effort to buy the shotguns in San Diego will also likely be discussed to examine whether they meticulously planned the murders and tried to cover up their crime.

As Commissioner Barton asked Erik Menendez about why they had to gun down their mother, Kitty, Lyle could be faced with a similar question.

“I wish to god I did not do that,” Erik told the panel Thursday of reloading the shotgun and shooting his mother.

Comprehensive risk assessment

Comprehensive risk assessments are conducted by public safety and forensic psychology experts as a typical procedure in cases involving prisoners up for parole.

Erik’s parole hearing panel found his comprehensive risk assessment report to be “neutral,” but Lyle’s panel may have a different opinion.

As previously shared by LA District Attorney Nathan Hochman, both brothers were preliminarily assessed to have “moderate risks” of violence because of their prison rule violations.

The preliminary assessment report also noted Lyle displayed “narcissistic tendencies” while Erik was vulnerable to influence of others.

Erik’s testimony during Thursday’s hearing appeared to have matched the report as the younger Menendez brother said he “jumped at the opportunity” to commit the tax fraud as he was pressured by a prison gang. 

What could work for Lyle Menendez

The older Menendez brother appears to have participated in more volunteer and leadership programs than his younger brother. In addition to serving as president of inmate government at Mule Creek State Prison and a representative for prisoners in Northern California, Menendez has worked in a support group for other prisoners who have endured sexual abuse.

He also received a bachelor’s degree in sociology and master’s degree in urban planning as he took advantage of the prisoners’ education program through UC Irvine. Erik Menendez had recently graduated from UC Irvine with a bachelor’s degree.

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