LOS ANGELES (AP) — Erik Menendez has been hospitalized, prompting his attorney to seek his release from prison ahead of an upcoming parole hearing.

The 57-year-old Erik Menendez, alongside his brother Lyle, had been serving life sentences without the possibility of parole after being found guilty of killing their parents at their Beverly Hills, California residence in 1989. However, a judge has now altered their sentences to 50 years to life, which renders them eligible for parole.

The brothers are scheduled to appear before the state parole board on August 21 and 22. Should the board determine they qualify for parole, the decision will need to be reviewed by Governor Gavin Newsom prior to their release.

The California Department of Corrections and Rehabilitation confirmed that Erik Menendez was transferred to an external medical center on Friday and was still there on Tuesday, reported to be “in fair condition.”

His lawyer, Mark Geragos, told TMZ that Menendez was having a “serious medical condition” and should receive a prison furlough, something the governor granted some inmates during the COVID-19 pandemic.

Geragos did not elaborate on the condition, but he said releasing Menendez was the “only fair and equitable thing to do” so he had time to prepare for his parole hearing properly.

Geragos’ office confirmed his comments to TMZ but did not make him available for an interview.

Newsom’s office and a representative for the family declined to comment.

A judge last week ordered Los Angeles prosecutors to explain why Erik and Lyle Menendez’s murder convictions should not be reexamined in light of new evidence supporting their claims of sexual abuse by their father.

While defense attorneys at the time argued the brothers acted out of self-defense after years of sexual abuse by their father, prosecutors said the brothers killed their parents for a multimillion-dollar inheritance.

The order was in response to a habeas corpus petition filed by the Menendez brothers in May 2023 seeking a review of their convictions in a process separate from their resentencing bid.