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Inmates who have been in prison for more than 25 years can apply for parole in California, and Erik Menendez did just that this week after spending more than three decades behind bars. He was denied parole by the California board after it found that he continues to be “an unreasonable risk to public safety.”

Erik was convicted of first-degree murder alongside his brother Lyle in the deaths of their parents in 1989. The parole hearing on Tuesday took the better part of 10 hours and considered the inmate’s efforts at rehabilitation in prison as well as his conduct behind bars and the pros and cons of letting him out.

While a representative from the Los Angeles County District Attorney’s office argued that Erik should be denied parole, more than a dozen family members spoke on his behalf at the hearing. In the end, however, the board agreed with prosecutors. The denial letter cited his criminal history as a teenager, the “particularly violent, vicious and atrocious” nature of the offense, and “serious violations” during his prison term.

Erik, who is now in his 50s, will be considered for parole again in three years. He received a detailed explanation from Parole Commissioner Robert Barton, who told him the decision was based not only on the seriousness of the murders he was convicted of but also his behavior in prison.

“One can pose a risk to public safety in many ways and by many types of criminal behavior, including the ones you were guilty of in prison,” Barton told Erik. He also encouraged the inmate to make better use of his “great support network” to ensure that he does not have any further prison violations.

He has amassed nine rule violations since being incarcerated for such infractions as possession of drugs, gambling with other inmates, and having prohibited items, including a cell phone and lighter. Barton told Erik that he had “outstanding letters” from several prison staff who described him as a “model inmate” in the parole hearing. Barton noted that the description of Erik’s conduct in prison left him wondering if that accurately described the parole violator’s conduct.

Erik answered, “I had not yet fully processed last year that I was eligible for parole. Once I did, I believe that started a shift in my consequential thinking.”

Family Testifies to Years of Pain, Division, and Forgiveness Following the Murders

Members of the Menendez family who spoke at the parole hearing were tearful as they described decades of pain and division that the murders caused the family. Many of them also said that they had forgiven the brothers.

“To say that our family has experienced pain does not quite capture what the last 35 years have been like,” said Tiffani Lucero-Pastor, the great-niece of the brothers’ mother, Kitty. “It has divided us. It has caused us panic and anxiety.”

Others suggested that Kitty’s lack of response to the abuse the boys said they were suffering in the home contributed to the brothers’ panic and confusion. Karen Mae Vandermolen-Copley, Kitty’s niece, told the board that her aunt’s “absence of protection deepened their fear and confusion.” The only family member who is known to be opposed to Erik’s parole is Kitty’s brother, Milton Andersen, who died earlier this year.

The family released a statement after the decision was made, indicating that they were disappointed but not surprised. “Our belief in Erik remains unwavering. 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,” they said.

Lyle to Face Parole Hearing, Governor Holds Final Say

The older Menendez brother, Lyle, will also face a parole board in the coming days. He will appear before the board on Friday to make a case for parole. The parole board will look at his record of rehabilitation in prison and his prison conduct, as well as other factors. While his disciplinary record is slightly less than Erik’s, his behavior in the killings may be more damning.

Lyle, at the original 1993 trial, took the stand and said he fired multiple shotgun blasts at both of his parents at close range. This week, Barton said the manner in which Lyle killed his mother was “devoid of human compassion.”

Lyle has also been called out over the years for discrepancies in his stories of abuse by their father. At one point, prosecutors said, he even asked his girlfriend to falsely claim that his father had drugged and raped her. Those revelations may make the parole board’s decision less sympathetic, despite many family members speaking in his favor. They will also speak on Lyle’s behalf at his parole hearing.

Both brothers were resentenced this year from life without the possibility of parole to 50 years to life, making them both eligible for parole for the first time. The case against them was one of the most high-profile murder trials in California history after the brothers said that they had killed their parents because they feared for their lives after years of abuse by their father and stepmother. Prosecutors, however, have always said that the real motivation was financial and tied to their father’s fortune.

Governor Gavin Newsom, ultimately, has the final word on the brothers’ cases. California’s governor has the power to approve, deny, or modify parole board decisions on anyone who was convicted of murder and sentenced to an indeterminate term under a 1988 state law. The board’s decision will be reviewed internally for up to 120 days before Newsom has 30 days to act.