A California state panel decided on Thursday not to grant parole to Erik Menendez, one of the two infamous brothers incarcerated for killing their parents in a notorious shotgun murder in 1989.

This decision, concerning the 54-year-old prisoner, occurred just a day before the California Board of Parole was set to hear whether his brother, Lyle Menendez, aged 57, should be released.

Their eligibility for parole arose earlier this year after a judge reduced their life-without-parole sentences to 50 years to life. Supporters argue that the Menendez brothers have shown significant reform during their three decades of imprisonment.

The Menendez family expressed their disappointment in a statement, acknowledging the outcome while maintaining their unwavering support for Erik. They emphasized his remorse, personal growth, and positive influence on others, expressing hope for his eventual return home.

The parole board had been charged with assessing whether the brothers pose an “unreasonable risk of danger to society” if released from prison.

Previously, parole board members assessed the brothers as having a “moderate risk” of reoffending if released. Brian Claypool, a California criminal defense attorney, noted that inmates with such risk levels receive parole about 20% of the time, in contrast to the two-thirds of low-risk inmates who are released. Inmates with a “severe risk” rarely gain parole, he added.

Nevertheless, Claypool mentioned that the parole board will review the full histories of Lyle and Erik Menendez, especially considering the positive contributions they have made while incarcerated.

Gov. Newsom has final say on parole

Under state law, California Gov. Gavin Newsom has final say over parole decisions, adding an additional hurdle for the brothers, who have spent three decades in prison for the 1989 murders of their parents at their Beverly Hills mansion. 

Whenever the board grants parole, its chief legal counsel has 120 days to review the decision “for legal or factual errors,” according to information posted on the Board of Parole website. If upheld by the legal counsel and sent to the governor’s office, Newsom has 30 days to affirm or deny parole under a law passed by voters in 1988. 

Newsom was noncommittal Thursday when the Menendez case came up at an unrelated appearance, but he said he is keeping an open mind.

“I have not watched any documentary. I have not watched anything that has come out on the Menendez brothers. And I very intentionally avoided that in expectation and anticipation that this might land on my desk,” the governor said. “So, the facts themselves will speak for themselves, not my opinion, not what’s on TikTok or what’s on YouTube or not what you or others may be saying about these two individuals.”

Menendez attorney says they deserve freedom

Mark Geragos, the brothers’ attorney, joined “CUOMO” on Tuesday and said both brothers deserve to be released.

“They are being judged separately. They each are fascinating, intriguing and deserving of getting parole. They both should be out,” he said, adding that both brothers are expected to answer a lot of questions.

“I think on Thursday, what you will see with Erik is a lot of discussion about the programs that he’s instituted. Not the least of which is the hospice program, which he pioneered in California,” Geragos said.

“I think when you get to Lyle on Friday, you’re going to hear about the green space program. This is a back-and-forth.”