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After more than 30 years in prison, Erik Menendez was denied parole by a California board earlier this week. The board found that the brother, who was convicted in 1993 alongside his brother Lyle for the 1989 murders of his parents, remains “an unreasonable risk to public safety.”

The parole hearing was a lengthy one, running nearly 10 hours and considering Erik’s rehabilitation in prison, his prison conduct, as well as the evidence for and against his release. Los Angeles County District Attorney’s office representatives recommended the board reject his parole, while over a dozen family members and friends spoke on his behalf. In the end, the board agreed with prosecutors, citing Erik’s criminal record as a teenager, the violent nature of the crime, and “serious violations” he committed in prison.

Erik, who is in his 50s, will be considered for parole again in three years. Parole Commissioner Robert Barton explained the decision on Thursday, stating it was not only about the original murders, but also Erik’s prison behavior.

“One can pose a risk to public safety in many ways, with several types of criminal behavior, including the ones you were guilty of in prison,” Barton told Erik. He added that he should “lean harder” on his “great support network” to prevent further violations.

Erik had nine rule violations since being imprisoned, including possessing contraband like a cell phone and a lighter, as well as drug use. Some staff members wrote letters on his behalf, calling him a “model inmate” over his three decades in prison. Barton asked Erik if that was an accurate term considering the nine parole violations. He said it was, but also said his “consequential thinking” only changed in the last year when he started to believe he might actually be released.

Erik’s family members cried as they described the years of grief and trauma the murders brought to their family. They spoke of forgiveness, but also brought up some pointed criticism against the brothers. “To say that our family has experienced pain does not quite capture what the last 35 years have been like,” Tiffani Lucero-Pastor, the great-niece of the Menendez brothers’ mother, Kitty, said. “It has divided us. It has caused us panic and anxiety.”

Some family members also criticized Kitty for not intervening with the alleged abuse in the home, which they said increased the level of fear the brothers felt. Karen Mae Vandermolen-Copley, Kitty’s niece, said her aunt’s “absence of protection deepened their fear and confusion.” The only family member who was known to oppose parole was Kitty’s brother, Milton Andersen, who died earlier this year.

The family stated the decision. “We are disappointed but accept the Parole Board’s decision. Our belief in Erik remains unwavering. His remorse, his growth, and his positive impact on others speak for themselves. We will continue to stand by him and hold to the hope he can return home soon,” the statement read.

Menendez Brother Lyle Also Has a Parole Hearing

While Erik was denied parole, his brother Lyle will also have a parole board hearing in the coming days. He will appear in front of the panel on Friday. The board will similarly be asked to consider his rehabilitation record and prison conduct, and he, too, has had multiple disciplinary issues in prison. Lyle, who is older than Erik, has had slightly fewer infractions than his brother, but his actions on the night of the murders are likely to weigh heavily on the decision.

During the 1993 trial, Lyle testified that he had shot both parents in the head with a shotgun at close range. He fired several shots at their mother. The panel this week heard from Barton, who noted that the “manner of her death was devoid of human compassion.”

Lyle’s story of the abuse they suffered from their father has also been inconsistent, with the parole board raising concerns about whether he exaggerated parts of his account or asked people to lie on his behalf. At one point, for instance, the prosecution said he asked his girlfriend to falsely claim their father drugged and raped her. He could face difficulties at Friday’s hearing as a result of these stories.

Like Erik, Lyle has received the support of many family members who plan to speak on his behalf. Governor Gavin Newsom, however, also has the final say in the case. The board’s decision will go through an internal review for up to 120 days. Newsom then has 30 days to act on the board’s recommendation.

The governor’s power to act on parole board decisions for those convicted of murder and sentenced to indeterminate terms stems from a 1988 state law. He can approve, deny, or modify those decisions. In the past, California governors have shown some reluctance to reverse parole board decisions. “Every governor is fairly allergic to releasing high-profile defendants,” Christopher Hawthorne, a Loyola Law School professor, told the Los Angeles Times. While former governors Pete Wilson, Gray Davis, and Arnold Schwarzenegger would rarely let parole board decisions stand, the trend has shifted over the past decade, according to Hawthorne, with Jerry Brown and Gavin Newsom being more amenable to granting parole.

The high-profile nature of the Menendez case, however, could complicate the decision. “The governor has to balance whether public safety requires that people go free, and whether defendants have insight into their conduct,” Hawthorne said.

Erik is back in prison and will have to wait at least three years before the board considers his release. Lyle is soon to find out whether his journey will take a different route or if both brothers will continue the same life sentences that they started over 30 years ago.