Erik Menendez Cites Fear of Father as Motive, Board Unconvinced

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Erik Menendez was denied parole by a California parole board this week after serving more than 30 years in prison for the 1989 killings of his parents. Erik’s board determined he continues to pose “an unreasonable risk to public safety.”

The nearly 10-hour parole hearing considered some factors, including Erik’s rehabilitation, his conduct in prison, and arguments for and against his release. Officials from the Los Angeles County District Attorney’s office asked the board to deny parole, as did more than a dozen family members. In the end, the board agreed with prosecutors, who focused on Erik’s criminal record as a teen, the violent nature of the crime, and “serious violations” while in prison.

The parole decision does not mean Erik, now in his 50s, will spend the rest of his life in prison. He is eligible to return before the parole board in three years. Parole Commissioner Robert Barton said that the decision was based not only on the heinous nature of the killings, but also on Erik’s behavior in prison.

“You can put someone at risk of public safety in a lot of different ways, and in many different types of criminal conduct, including some that you were guilty of while you were here,” Barton told Erik. He encouraged Erik to rely on his “great support network” to avoid committing further violations.

Erik has been found guilty of nine violations of prison rules since he began serving his sentence, for offenses including possessing drugs and contraband items like a cell phone and lighter. Correctional staff have written letters to the board calling Erik a “model inmate.” But Barton questioned the label given to Erik’s violations. Erik told the board he did not begin to feel that he was eligible for parole until last year. He said his “consequential thinking” began to change.

Many family members who testified in his support were in tears as they discussed the pain the brothers’ murders have caused over the last 35 years. They also spoke about forgiveness. “To say that our family has experienced pain does not quite capture what the last 35 years have been like,” said Tiffani Lucero-Pastor, a great-niece of the Menendez brothers’ mother, Kitty. “It has divided us. It has caused us panic and anxiety.”

Others alluded to Kitty’s failure to step in and protect her children from what they described as abuse within the home, which in their view deepened the brothers’ fears. Karen Mae Vandermolen-Copley, Kitty’s niece, said her aunt’s “absence of protection deepened their fear and confusion.” The only known relative opposed to parole was Kitty’s brother, Milton Andersen, who died earlier this year.

In a statement after the decision, the family expressed their disappointment but said they respected the board’s decision and would continue to support Erik. “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 Has Final Say

Erik’s older brother, Lyle, will face the parole board next. His hearing is scheduled for Friday. He will have a similar opportunity to show evidence of rehabilitation and his conduct in prison. The board will decide on his release. Though Lyle has slightly fewer disciplinary infractions than Erik, he was widely seen as the main aggressor in the killings, which may also hurt his chances.

At their joint 1993 trial, Lyle testified that he had shot his mother and father at close range with multiple blasts from a shotgun. Barton noted in his decision this week that Lyle’s testimony describing the manner of his mother’s death “was devoid of human compassion.”

Lyle’s accounts of alleged abuse at the hands of their father have also been seen as self-serving and inconsistent, sometimes even shifting in major ways after DNA and other evidence did not support his claims. At one point, Lyle allegedly even asked his girlfriend to lie and say that his father had drugged and raped her. These types of allegations could also complicate the board’s decision, despite testimony from many of the same family members in his support.

The parole hearings have been made possible because both brothers were resentenced last May from life without the possibility of parole to 50 years to life, making them eligible for parole for the first time. The case is among the most high-profile murder trials in California history, in part because the brothers alleged that they killed their parents after years of abuse in the home. Prosecutors have disputed that, maintaining the brothers’ stated motive that their father threatened to kill them is disingenuous, and that the real reason was financial.

In any event, the ultimate decision will not be made by the parole board. Governor Gavin Newsom has the power to affirm, reject, or modify the parole board’s decisions for individuals convicted of murder and sentenced to an indeterminate term. The decision will be reviewed internally for up to 120 days, and the governor will then have 30 days to act.