Erik Menéndez denied probation during his first probation hearing on Thursday 36 years and one day after he and his brother killed his parents, José and Kitty Menéndez.
Erik Menéndez, 54, attended the audience of almost 10 hours through the video of the correctional installation of Richard J. Donovan in San Diego. The Board said that it can then be eligible for probation in three years.
The Board based its decision on multiple factors, including: its prison behavior; robberies in which he participated before the murders; and the murder of his mother.
Erik Menéndez attends his audience of the online probation Board of the Richard J. Donovan Correctional Center in San Diego, California, on August 21, 2025.
California Corrections Department through Reuters
“His mother’s murder showed especially a lack of empathy and reason,” said Commissioner Robert Barton.
Barton said Erik Menéndez could have left his parents’ house, since he was 18 years old, and could have gone to the police or stay with relatives.
“We recognize and understand that many victims of sexual assault are difficult for them to present themselves, especially when perpetrators are family members,” Barton added
Erik Menéndez said he shot her mother because she had “betrayed him.”
“I saw my mother and my father as a single person after she knew she knew [about Jose Menendez allegedly sexually abusing him]Then, when I met the den, I was in a state of terror, panic, anger, “he said.
Barton said it is Erik Menéndez’s behavior in prison, not the seriousness of the crime, that is the “main reason for this denial.”
“Contrary to the beliefs of his followers, you have not been a model prisoner and, frankly, we find it a bit disturbing,” Barton said.
Barton pointed out Erik Menéndez’s inappropriate behavior with visitors, drug smuggling, the misuse of state computers and incidents of violence. The Board also disagreed with Erik Menéndez illegally using cell phones while running rehabilitation groups.
“We find that it continues to present an unreasonable risk for public security,” Barton said.
After denying the probation, Barton told Erik Menéndez: “You have two options: one is having a pity party … and then you become a self -fulfilling prophecy, they probably don’t grant you [parole] Next time. Or you can take seriously what we discuss. “
“I hope that the people who are supporting you continue to motivate,” Barton said.
Erik Menéndez, October 10, 2024.
CDCR
Erik Menéndez’s aunt and José Menéndez’s sister, Terry Baralt, said at the audience: “Although I love my brother, I have completely forgiven Erik … Erik takes with kindness, integrity and strength that comes from patience and grace.”
Baralt, 85, who is fighting against colon cancer, added: “More than anything, I hope to live enough to welcome my house, sit at the same table, to wrap it.”
The relatives of Erik Menéndez, who have been pressing for their release, said in a statement after the hearing: “While we respect the decision, today’s result was, of course, disappointing and not what we expect. But our belief in Erik remains unwavering and we know that it will take the recommendation of the Board in Stride. Its remorse, growth and positive impact that it has had in itself.
Barton said he was amazed by the support of Erik Menéndez’s relatives, but added: “Two things can be true: they can love and forgive you, and you can still find yourself inappropriate for probation.”
The probation audience for his brother, Lyle Menéndez, 57, will be Friday.
“Tomorrow, we directed our attention to Lyle’s audience,” continued the statement of the family’s relatives. “And although it is undoubtedly difficult, we are still cautiously optimistic and hopeful that the commissioner sees in Lyle what many others have: a man who has assumed responsibility, transformed his life and is ready to return home.”
This combination of two reserve photos provided by the California corrections department shows Erik Menéndez, on the left and Lyle Menéndez.
California corrections department through AP
The decision of the members of the Board focused on a question: Erik Menéndez would represent an unreasonable risk for society if it is released?
The Los Angeles County District Prosecutor, Nathan Hochman, opposed the release of the Menéndez brothers, claiming that “they have not demonstrated a complete vision of their crimes or have shown that they have been completely rehabilitated and, therefore, continue to represent a risk to society.”
A recently completed risk assessment said Erik and Lyle Menéndez represented a moderate risk for the community if it was released.
The evaluation revealed that the brothers had illegal cell phones in prison, among many other violations, although many are not recent. However, Erik Menéndez had a phone as recently as January of this year, what Hochman stressed during the resentment effort when he should have been in his best behavior.
Barton said he considered that the risk assessment report was neutral.
The brothers were initially sentenced to life imprisonment without the possibility of probation for the murders of 1989. Lyle Menéndez was 21 years old and Erik Menéndez was 18 years old at that time, and the brothers said they committed the murders in self -defense after years of abuse by his father.
This May, Judge Michael Jesus resonent Erik and Lyle Menéndez for 50 years of life in prison, making them immediately eligible for probation under the probation laws of youth criminals.
Jesus pointed out that he was moved by the support letters of the prison guards and was surprised by the work that the brothers had achieved to improve the lives of their fellow prisoners. The brothers, who observed the prison resentment hearing, gave their own statements to the judge, admitting their guilt.
Although his probation was denied, Erik Menéndez can ask the Board of probation to review the case of errors, according to the California Department of Corrections and Rehabilitation. Separately, the governor of California Gavin Newsom can give clemency to the Menéndez brothers at any time.
