California’s parole board has deemed Lyle Menendez not suitable for parole, likely leaving both brothers in jail 36 years after executing their wealthy parents.
The California Board of Parole hearings denied Lyle’s petition for freedom on Friday after a grueling, nearly 12-hour hearing in which his family members insisted he had been reformed while prosecutors painted him as a menace to society.
The board’s decision came the day after they denied parole to Lyle’s brother Erik; it will be three years before either brother can make another parole bid.
It was a heartbreaking defeat for attorneys, families and fans of the high-profile criminals, who have spent most of two years pushing for Lyle and Erik’s freedom more than three decades after they purchased shotguns and killed Jose and Kitty Menendez, execution style, in the living room of their lavish Beverly Hills mansion.
“While we are, of course, disappointed by today’s decision as well, we are not discouraged,” the killer siblings’ family said in a statement. “The process for parole is exceptionally rigorous, but we are incredibly proud of how Erik and Lyle showed up — with honesty, accountability, and integrity.”
They vowed that the ruling “is not the end of the road.”
“Both will go before the Board again, and their habeas petition remains under review. In the meantime, we know they will take time to reflect on the Board’s recommendations and will continue to lead, mentor, and build programs that support rehabilitation and hope for others,” the family said.
“We know they are good men who have done the work to rehabilitate and are remorseful. We love them unconditionally and will continue to stand by them on the journey ahead.”
The brothers claimed they were acting in self-defense after years of sexual abuse by their father with their mother’s help; they feared their parents would murder them to shut them up.
At their parole hearings, prosecutor Habib Balian dismissed that claim and argued that sticking to the lie showed the brothers had no “insight” into their own crimes — a key component of parole eligibility in California.
Insight means taking full responsibility for a crime and understanding the factors that led you to commit the crime, such as anger, inability to handle stress, and substance abuse, said Michael Beckman, a lawyer specializing in parole hearings.
The pair had also been cited for several rule violations while in jail. Both brothers had been dinged for possessing contraband cell phones, and Erik had been cited for fights with other inmates in 1997 and 2011.
“The board is really big on the philosophy that if you can’t follow the rules in prison, you can’t follow the rules in free society,” Beckman said. “Add to that that cellphones are one of the three big bad rule violations along with violence and substance abuse.”
Ultimately, Beckman noted that parole decisions come down to individual commissioners, who might weigh the brothers’ cases based on factors like their celebrity status or family members’ support.
The brothers have had celebrity status since their two high-profile trials in the 90s, but a Netflix documentary about the case brought them back into the spotlight last year.
Former District Attorney George Gascón filed a formal motion to resentence them, citing new evidence of sexual abuse, including a handwritten note from Erik to a cousin — dated before the murders — that detailed his father’s actions.
When Gascón lost his seat to Nathan Hochman last year, the new DA reversed course and did everything in his power to ensure the brothers stay behind bars.
The brothers are still pushing for a new trial, but after this week’s defeat, direct clemency from Gov. Newsom is their best shot at freedom.
Newsom has played his cards close to the vest: He had ordered the parole board to conduct a risk assessment, but he chose to let things play out in court and then the normal parole process.
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