Erik Menendez denied parole 36 years after murdering his parents

Erik Menendez was denied parole during his first-ever parole hearing on Thursday, 36 years and one day after he and his brother killed their parents, Jose and Kitty Menendez

Erik Menendez, 54, attended the nearly 10-hour hearing via video from the Richard J. Donovan Correctional Facility in San Diego.

The board based its decision on multiple factors, including: the illegal cellphones Erik Menendez possessed in prison; burglaries he participated in before the murders; and the killing of his mother.

Erik Menendez said he shot Kitty Menendez because she had “betrayed him.”

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

The brothers’ relatives said in a statement, “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.”

The board said he can next be eligible for parole in three years.

Although his parole was denied, Erik Menendez can ask the parole board to review the case for errors, according to the California Department of Corrections and Rehabilitation.

Separately, California Gov. Gavin Newsom can grant clemency to the Menendez brothers at any time.

The parole hearing for his brother, 57-year-old Lyle Menendez, will be on Friday.

“Tomorrow, we turn our attention to Lyle’s hearing,” the statement from the brothers’ relatives 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 board members’ decision focused on one question: will Erik Menendez pose an unreasonable risk to society if released?

Los Angeles County District Attorney Nathan Hochman opposed the Menendez brothers’ release, claiming they “have not demonstrated full insight into their crimes or shown that they have been fully rehabilitated, and therefore continue to pose a risk to society.”

A recently completed risk assessment said Erik and Lyle Menendez pose a moderate risk to the community if they’re released.

The assessment revealed the brothers possessed illegal cellphones in prison, among numerous other violations, though many are not recent. However, Erik Menendez had a phone as recently as January of this year, which Hochman stressed was during the resentencing effort when he should have been on his best behavior.

The defense noted Erik Menendez had one write-up for violence 25 years ago and Lyle Menendez has had none.

The brothers were initially sentenced to life without the possibility of parole for the 1989 murders. Lyle Menendez was 21 and Erik Menendez was 18 at the time, and the brothers said they committed the murders in self-defense after years of abuse by their father.

This May, Judge Michael Jesic resentenced Erik and Lyle Menendez to 50 years to life in prison, making them immediately eligible for parole under youth offender parole laws.

Jesic noted he was moved by the supportive letters from prison guards and was amazed by the work the brothers had accomplished to better the lives of their fellow inmates. The brothers, who watched the resentencing hearing from prison, gave their own statements to the judge, admitting their guilt.

This is a developing story. Please check back for updates.