LOS ANGELES — Eyewitness News has learned that Erik Menendez is out of the hospital and back in prison.
The Department of Corrections and Rehabilitation says the 54-year-old was hospitalized last month with kidney stones.
Erik and his brother Lyle have a scheduled parole hearing at the end of this month.
The Menendez brothers were found guilty of murdering their father, Jose Menendez, a prominent music executive, and their mother, Kitty Menendez, in their Beverly Hills residence in 1989. Defense attorneys contended that the brothers acted in self-defense after enduring years of sexual abuse by their father, whereas prosecutors argued the brothers committed the murders to secure a multimillion-dollar inheritance.
Their initial trials ended with hung juries. During the second trial, the judge barred a significant amount of evidence, including testimonies from numerous family members who had either witnessed or been informed of the abuse. Consequently, the brothers were convicted and received life sentences without the possibility of parole.
In May, a judge reduced their sentences to 50 years to life in response to a resentencing petition, making them eligible for parole.
Recent evidence includes a newly uncovered letter from Erik Menendez to his cousin, Andy Cano, detailing the abuse by his father, and a statement from former Menudo band member Roy Rossello, claiming that Jose Menendez raped him in the 1980s.
Although prosecutors claimed the evidence was untimely and inadmissible, Judge Ryan agreed with the Menendez brothers, stating they had sufficiently demonstrated how the evidence might have altered the outcome of their convictions.
Governor Newsom has not commented on the incident.
Under clemency, Newsom can release the brothers at any point.
The Associated Press contributed to this report.
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