Erik Menendez’s bid for freedom has suffered a setback, after officials in the US state of California denied him parole over the killing of his parents more than three decades ago.
The younger of the two notorious Menendez brothers, who were both convicted in the 1989 shotgun murders of their wealthy mother and father in Beverly Hills, made his first plea on Thursday.
His brother, Lyle, is scheduled to face his own parole suitability hearing on Friday. Both brothers were made eligible for paroled release after they were resentenced by a judge in May.
Erik Menendez can try for parole again at another hearing in three years, the board ruled.
Parole board commissioner Robert Barton, who listened to testimony for more than 10 hours with a panel before denying Erik’s parole, said he believed Erik was not yet ready for release.
“I believe in redemption, or I wouldn’t be doing this job,” he told Erik at the end of the marathon hearing. “But based on the legal standards, we find that you continue to pose an unreasonable risk to public safety.”
The board took issue, specifically, with his violations in prison and past criminal activity before killing his parents.
“Contrary to your supporters’ beliefs, you have not been a model prisoner and frankly, we find that a little disturbing,” Barton said, bluntly telling him he now had “two options” for his future.
“One is to have a pity party,” Barton told Erik. “Or you can take to heart what we discussed.”
His bid for freedom isn’t over. The parole denial is likely to shift focus to Gov. Gavin Newsom, who is separately mulling a clemency request from the brothers.
Clemency could come in the form of a reduced sentence or even a pardon, but it would not overturn the brother’s convictions. Weighing in on such a high-profile and controversial case could be politically risky for Newsom, who is thought to be a potential candidate for the Democratic nominee for president.
Apart from parole and clemency, the brothers have also asked for a new trial due to additional evidence being discovered in the case.
A judge is mulling the request, but it is opposed by the Los Angeles district attorney’s office.
During the hearing, a prosecutor from the district attorney’s office argued against Erik’s release, saying positive changes in his behaviour were only motivated by a chance at release. They argued he was “still an unreasonable risk to society” and that “he has no insight into his crimes”.
Erik appeared virtually for the hearing from the San Diego prison where he has been housed, wearing a blue prison jumpsuit and eyeglasses. Members of his family, his attorneys and a prosecutor from the Los Angeles district attorney’s office also appeared on a video call with the parole board panel.
During the nearly all-day hearing, the panel asked him about the killings, his relationship with his parents and his attempts to cover up guilt in the murders. He grew emotional at times, describing the moments he opened fire on his parents, Jose and Kitty Menendez, with a shotgun as they watched TV in their Beverly Hills mansion.
The brothers shot the pair more than a dozen times, Erik even reloading the gun and continuing to fire on his mother. He and his brother have long claimed self-defence and said they were being abused sexually.
“I just want my family to understand that I am so unimaginably sorry for what I have put them through from Aug. 20, 1989 until this day, and this hearing,” Erik said during the hearing before he knew his fate.
“If I ever get the chance at freedom, I want the healing to be about them,” he said. “Don’t think it’s the healing of me – it’s the healing of the family. This is a family tragedy.”
The board questioned him about his time in prison and legal issues before the killings, including being involved in two burglaries. He said his time in prison helped him develop a “moral guardrail”.
The panel also examined factors such as his health and whether he would be a danger to society if released from prison. A risk assessment done for him found him to be a “moderate” risk if released.
They reviewed the schooling and positive programs he had been involved with in prison, along with transgressions he had while in lockup, including prison fights and being found multiple times with contraband. While behind bars, he’d got in trouble for having a cell phone, art supplies and tobacco – which he’d hidden inside a religious book.
The decision to keep Erik in prison is separate from that of Lyle, who is set to appear before a different parole board panel on Friday morning.
In explaining their decision on Thursday, the board made clear that Erik’s behaviour in prison and his previous burglaries were big factors in his denial. They also cited the brutal nature of the killings, calling it “devoid of human compassion”.
While much of the Menendez brothers’ case involves both brothers, their conduct behind bars and before the 1989 killings is different and could evoke a different decision from the state’s parole board.
During Thursday’s hearing, a coalition of relatives, who have long advocated for the brothers’ release, and supporters also testified on Erik’s behalf, saying he had changed during his lengthy sentence.
Teresita Menendez-Baralt, Jose Menendez’s sister, broke down in tears as she spoke before the panel, telling them she’s forgiven Erik for killing her brother and the years of trauma he caused their family.
She said that she is dying from stage four cancer.
“The truth is I do not know how much time I have left. If Erik is granted parole, it would be a blessing,” she told them. “I hope I live long enough to welcome him into my home, to sit at the same table, to wrap my arms around him – that would bring me immeasurable peace and joy.”
The brothers’ high-profile murder trials were among those that defined the last century.
During their trials, the brothers claimed the killings were done in self-defence and said they’d suffered years of emotional and sexual abuse at the hands of their parents.
Prosecutors, though, argued they were greedy, entitled monsters who meticulously planned the killings then lied to authorities investigating the case while going on a $700,000 (£526,0000) spending spree – with purchases including a new Porsche, Jeep and Rolex watches – with their parents’ estate.
They weren’t arrested until police got word of their admissions to a psychologist.
Three decades later, the case was re-examined in the public thanks to a mix of new evidence, attention on TikTok, Netflix’s drama series Monsters: The Lyle and Erik Menendez Story and celebrities weighing in.
But movement in the courts didn’t happen until the Los Angeles’ former top prosecutor re-examined the case and asked for a judge to re-sentence them, citing California’s evolving approach to juvenile offenders and abuse survivors.
A change in state law allows offenders who were under the age of 26 at the time of their crime to be sentenced as minors rather than adults. Lyle was 21 and Erik was 18 when they killed their parents.
Despite the new LA District Attorney Nathan Hochman fighting against the resentencing effort, a judge in May changed their sentences to 50 years to life with the possibility of parole – which represented a reduction.
Hochman accused Erik of continuing to “display narcissistic and antisocial traits” and his office fiercely argued in court against both Erik and Lyle’s release.
—-BBC
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