Erik Menendez Denied Bail by California Parole Board

Erik Menendez Denied Bail by California Parole Board

Thirty-six years and one day after the Menendez brothers gunned down both of their parents in the living room of the family’s Beverly Hills home, Erik Menendez sat before the California Parole Board and was denied bail for the first time, bringing a disappointing end to his unanticipated march toward freedom.

Erik Menendez, the younger brother of Lyle Menendez, whose hearing takes place separately on Friday, sat at the Richard J. Donovan Correctional Facility in San Diego, where he is incarcerated, for the 10-hour hearing via video link. Upon the denial of parole by the board, he was told he now has to wait another three years for his next chance at parole.

Several reasons were cited for the denial, including burglaries that Erik participated in as a youth, prior to the 1989 double murder, as well as some of the 54-year-old’s behavior in prison, which over the decades has ncluded possession of contraband cellphones, inappropriate behavior with visitors, drug smuggling, his misuse of state computers and an incident of violence. None of these were recent infractions, aside from his possession of a cellphone in January.

One major aspect of his crime from over three-and-a-half decades ago did come up at the hearing.

“The killing of your mother especially showed a lack of empathy and reason,” Commissioner Robert Barton told Menendez as he noted that while no longer a minor in 1989, he could have left his family home. The board then publicly acknowledged the abuse the brothers say they suffered at the hands of their parents. “We recognize and understand that many sexual assault victims find it hard to come forward, especially when the perpetrators are family members.”

Erik Menendez, who, with his older brother, claims that Jose Menendez sexually and emotionally abused them for years while they were boys, explained why he was able to point a gun at his mother that night.

“I saw my mother and my father as one person after I learned that she knew [about the abuse], so when I was running into the den, I was in a state of terror, of panic, of rage,” he said.

Forensic evidence shows that Kitty Menendez crawled along the floor of her living room after being shot multiple times by her sons as Lyle Menendez returned to the car the brothers arrived in at home that night to reload the shotgun. She was finally killed by a gun blast to the back of her head.

As his parole was denied, Erik was told that the heinous nature of the matricide he committed 36 years ago was not the main reason he was being denied bail on Thursday.

“Contrary to your supporters’ beliefs, you have not been a model prisoner, and frankly, we find that a little disturbing,” Barton said, adding: “We find that you continue to pose an unreasonable risk to public safety.

“You have two options: one is to have a pity party … and then you become a self-fulfilling prophecy, probably not getting granted [parole] next time. Or you can take to heart what we discussed. I hope that the people that are out there supporting you continue to motivate you,” Barton concluded.

Indeed, the decision is a massive blow for those people. Many of the legion of supporters of the Menendez brothers and their release saw their potential release from prison as a correction of the injustice of their second criminal trial, in which they were denied any discussion of Jose Menendez’s abuse, which ultimately kneecapped the brothers’ defense strategy. Family members who rallied around the brothers in their fight for their freedom released a statement following Thursday’s decision.

“While we respect the decision, today’s outcome was of course disappointing and not what we hoped for. But our belief in Erik remains unwavering and we know he will take the Board’s recommendation in stride. 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 is able to return home soon,” it reads.

Tomorrow, we turn our attention to Lyle’s hearing,” the family’s statement continued. “And while it is undoubtedly difficult, we remain cautiously optimistic and hopeful that the commissioner will see in Lyle what so many others have: a man who has taken responsibility, transformed his life, and is ready to come home.”

The Menendez case reignited public outcry when Ryan Murphy’s controversial, multi-faceted take on their crime and its aftermath, Monsters: The Lyle and Erik Menendez Story, hit Netflix in September. Javier Bardem, Chloë Sevigny and Cooper Koch (who portrays Erik) are currently up for acting Emmys for their performances and the show took in a total of 11 Emmy nods overall, including for best limited series.

This series and another documentary led the Menendez case to once again become a political football. Many still see the muting of their defense at their second trial in 1996 as an election-year act to get a guilty verdict and appease voters in L.A. after the O.J. Simpson verdict rattled the city; as the brothers became up for parole, conflicts involving the D.A.‘s office once again became a factor. Los Angeles D.A. Nathan Hochman has spoken out aggressively against the Menendez brothers’ potential release, and he was dealt a blow last month when the brothers saw their sentences reduced by an L.A. judge, who was responding to a request from Hochman’s far more liberal predecessor.

All of these factors led to a feeling among supporters that the brothers’ story would conclude with their release on parole. Though this was denied for Erik Menendez, he still has one final hope. A clemency push has been made, and California Governor Gavin Newsom — who is considered to be the top contender for the Democrats to retake the White House in 2028 — can decide alone to grant it for the inmate. Until then, Erik Menendez can ask the parole board to review his case for errors, according to the California Department of Corrections and Rehabilitation.