(NewsNation) — A California state panel on Thursday denied parole to Erik Menendez, one of two brothers who has been in prison for decades after the siblings killed their parents in a notorious 1989 shotgun murder.
The closely watched decision on the 54-year-old inmate comes a day before the California Board of Parole was scheduled to hear arguments over whether Lyle Menendez, 57, deserves to be released.
The brothers became eligible for parole earlier this year after a judge reduced their sentences from life in prison without the possibility of parole to 50 years to life.
In the two separate hearings, the parole board was obligated to assess whether the brothers pose an “unreasonable risk of danger to society” if released from prison.
Parole board commissioners previously determined the Menendez brothers have a “moderate risk” of committing violence if they are freed. California criminal defense attorney Brian Claypool tells “NewsNation Now” that inmates with this mid-level of risk assessment get paroled 20% of the time, compared to the two-thirds of “low-risk” inmates who are granted parole. Not surprisingly, inmates with a “severe risk” assessment rarely get released, he said.
Still, Claypool said, parole board officials will consider the complete histories of Lyle and Erik Menendez, who have received praise for some of the positive things they have done behind bars.
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.”
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