By The Associated Press’s JAIMIE DING
Los Angeles (AP) After spending decades behind bars for killing their parents in 1989 at their Beverly Hills house, Erik and Lyle Menendez were refused parole by a California board this week.
Panels of two commissioners interrogated the brothers over the course of two days of proceedings, asking them to be completely honest about the torture they experienced as children, their attitudes before and after the killings, and additional offenses they committed while incarcerated.
In 1996, the brothers were found guilty of shooting Jose and Kitty Menendez to death and were given life sentences. True crime fans have long been enthralled with the case, and in the last year, the brothers have gained public support as a result of Netflix series that rekindled interest.
Since their convictions, the hearings were their closest approach to freedom. They will have the opportunity to request an administrative review within a year, even though they were each denied for three years. They might reappear before the parole board in as little as 18 months if approved.
Here are some conclusions drawn from the hearings:
Having prohibited cellphones is not a minor prison infraction
Commissioners stressed to the brothers that their use of illegal cellphones threw a shadow over their positive accomplishments while detained, even though it would not seem like a major concern to the public outside of prison.
They pointed out that cellphones can be used to plan attacks on officers, transport drugs within prisons, and arrange hits. Commissioner Robert Barton informed Erik Menendez that a jail guard had to smuggle them in because of their existence, and that a prison gang might have profited from putting a fee on it.
According to Erik Menendez, the benefits I received from using the phone and connecting with the outside world outweighed the negative effects of being caught using it. He claimed to have used it to watch porn, listen to music, watch YouTube, and talk to his wife.
Barton denied him release, citing his selfish actions as evidence that he feels the rules do not apply to him and that the goals outweigh the methods.
Additionally, Lyle Menendez had two recent cellphone violations, one of which occurred in March.
He said that he saw cellphones as a privacy protection since correctional staff members were keeping an eye on his conversations with his wife and relatives and selling their content to tabloids.
He claimed that his marriage was under a lot of stress at the time he was sent to the San Diego prison and that he wanted to maintain contact with his wife.
According to Lyle Menendez, I had persuaded myself that this was a rule violation that was only hurting me. I didn’t believe it had a significant impact on jail administration.
They have not been model prisoners as some believed
Erik Menendez broke the rules more severely than the other one.
Commissioners questioned his involvement in a tax scheme in 2013 and his affiliation with the Two Fivers, a prison gang.
Menendez claimed that he was attempting to survive in a very violent yard where he witnessed close friends being raped or stabbed.
“I was really scared,” he stated. I saw the Two Fivers’ need for assistance as a fantastic chance to join them and ensure my survival.
Menendez informed commissioners that he had little chance of ever escaping at the time, therefore he put his own safety before the law.
He said that he became sober on his mother’s birthday in 2013 after using narcotics and alcohol during his early years in prison.
Commissioner Julie Garland stated that despite Lyle Menendez’s decreased number of infractions, he continued to exhibit antisocial personality traits such as deceit, minimizing, and rule violating.
According to her, prisoners who violate the law are more likely to do so in the community at large.
Why they killed their mother remains a sticking point
Commissioners voiced their concerns about Kitty Menendez’s death, with Barton stating that he believed it demonstrated Erik Menendez’s lack of empathy at the time.
I can’t imagine myself in your shoes. “I don’t think I’ve ever been that angry,” Barton remarked. However, given that she appears to have been a victim of domestic abuse herself, there is still cause for concern.
According to Barton, the brothers should have gone to the police or other family members for assistance because they were not in immediate danger of dying.
Regarding Lyle Menendez, Garland claimed that it was incredibly heartless to shoot Kitty Menendez one more time. She also emphasized his attempts to evade prosecution and lie to the police in order to cover up the murder.
Parole denials are not unheard-of for prisoners with moderate risk
In response to a request for clemency, Governor Gavin Newsom earlier directed the California parole board to evaluate the brothers’ danger.
In May, LA County District Attorney Nathan Hochman disclosed that both brothers were considered to be at moderate risk, although this information was never made public.
According to Barton, if he gave the assessment any thought at all, he thought it was neutral.
According to a 2022 analysis by the Prison Policy Initiative, parole was given to moderately risky California inmates 22% of the time. According to the charity, the state has some of the hardest parole requirements.
Family members back the brothers
During the two sessions, almost a dozen family members spoke in favor of their release.
Jose Menendez’s sister, Aunt Teresita Menendez-Baralt, stated that she is terminally ill with Stage 4 cancer and would like to welcome them home.
She stated, “I want to make it clear that even though I love my brother, I have completely forgiven Erik.” Erik exudes kindness, integrity, and strength, which are the results of grace and patience.
Kitty Menendez’s great-niece, Natascha Leonardo, assured the parole board that she would give him a stable, unconditionally loving environment in Colorado where he could spend time with his loved ones and the outdoors.
In a statement, family members expressed their disappointment at the parole denial but stressed they are not disheartened.
They stated, “We know they are good men who have worked to rehabilitate and are remorseful.” We will always be there for them on the trip ahead because we love them without conditions.
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