One day after his brother’s bid for release was denied, 57-year-old Lyle Menendez will appear before a California parole panel on Friday.
Before Thursday’s hearing began, both brothers had hopes of leaving prison, where they’ve spent more than three decades for the shotgun killings of their parents, Jose Menendez and Mary Louise “Kitty” Menendez, in their Beverly Hills home.
However, after a nearly 10-hour virtual hearing was held behind closed doors at a California state prison, younger brother Erik Menendez, 54, was denied his request for release Thursday evening.
The panel cited serious rule violations while incarcerated, including illicit cell phone use and involvement in a tax fraud scheme, as key factors in their decision.
“Essentially, the first five hours were spent talking about the crime of murder against his parents, the prior burglaries and the violations. The violations, in my opinion, are what ultimately led to the denial in this case,” criminal defense lawyer Alison Triessl said.
During Thursday’s hearing, Commissioner Robert Barton explained that even though he counseled other inmates and got a college degree while in prison, continued criminal behavior like the smuggling of a cellphone into the prison and getting other inmates to conceal it was a red flag.
The commissioner also focused on the violent nature of Kitty’s “execution-style” killing, which he described as being “devoid of human compassion,” especially considering she herself was a victim of domestic violence at the hands of their father.
“The killing of your mother especially showed a lack of empathy and reason,” Barton said. “I can’t put myself in your place. I don’t know that I’ve ever had rage to that level, ever.”
Prosecutors have said the 1989 killings of Jose and Kitty were for financial gain, but the brothers claim it was all in self-defense following years of abuse.
They were sentenced to life in prison without the possibility of parole, but were resentenced in May to 50 years to life, which granted them the right to parole hearings.
Erik Menendez also spoke at the hearing, apologizing for what he has put his family through and thanking them for their support.
Eighteen family members who support the brothers’ release issued 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,” the statement read.
Erik Menendez will be eligible for parole again in 3 years, but can petition for an earlier hearing, officials said.
Lyle Menendez’s hearing is set to begin at 8:30 a.m. Friday.
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