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Erik Menendez was denied parole by a California board this week, after more than three decades in prison. The panel found that Erik, who in 1993 was found guilty alongside his brother Lyle of murdering their parents in 1989, remains “an unreasonable risk to public safety.”

The parole hearing that lasted nearly 10 hours reviewed Erik’s rehabilitation while in prison, his behavior since his incarceration, as well as arguments both in favor and against his release. At the hearing, members of the Los Angeles County District Attorney’s office argued the board should deny him parole, while more than a dozen family members spoke on his behalf. The board, however, agreed with the prosecutors and cited Erik’s criminal history as a teen, the nature of the crime, and “serious violations” in prison.

Erik, now in his 50s, is eligible for another parole hearing in three years. In announcing the decision, Parole Commissioner Robert Barton said that the decision was not based solely on the murders he was found guilty of, but also on the behavior he had shown in prison.

“One can present a risk to public safety in many ways, through many types of criminal behavior, including some of the ones that you were guilty of in prison,” Barton said to Erik. He encouraged Erik to rely more on his “great support network” to help avoid further violations.

Erik has been cited for nine rule violations while in prison, including drug possession and contraband, such as a cell phone and lighter. Multiple correctional officers have written letters on his behalf, calling him a “model inmate.” Barton pushed back on that label, given Erik’s history of rule violations. Erik told the panel that he had not believed he was ever truly eligible for release until last year, and that his “consequential thinking” changed as a result.

Family members were tearful in their testimony on Erik’s behalf. They described the pain and fracturing the murders had brought to the family, but also discussed forgiveness. “To say that our family has experienced pain does not quite capture what the last 35 years have been like,” Tiffani Lucero-Pastor, great-niece of the Menendez brothers’ mother, Kitty, said in testimony. “It has divided us. It has caused us panic and anxiety.”

Some suggested the brothers were also made more fearful by the lack of action by their mother, Kitty, to stop the alleged abuse in the home. Karen Mae Vandermolen-Copley, Kitty’s niece, said that her aunt’s “absence of protection deepened their fear and confusion.” The only relative known to have opposed Erik’s parole was Kitty’s brother Milton Andersen, who died earlier this year.

In a statement after the decision, the family said that they were “deeply disappointed” but would respect the board’s decision. “Our belief in Erik remains unwavering. His remorse, growth, and the positive impact he’s had on others speak for themselves,” the statement said. “We will continue to stand by him and hold to the hope he can return home soon.”

Lyle Menendez to Face Parole Hearing, Governor Holds Final Say

Erik’s older brother, Lyle Menendez, will now head before the parole board, which will take up his case on Friday. The board will review his record of rehabilitation and conduct in prison, and has the same authority to either deny or grant Erik parole. Lyle has had slightly fewer disciplinary violations, but his conduct during the killings may weigh against him more.

Lyle testified at the 1993 trial that he shot both parents multiple times at close range with a shotgun. Barton noted this week that the nature of their mother’s death was “devoid of human compassion.”

Lyle also has had a history of inconsistencies in his claims of abuse by his father. At one point, he asked his girlfriend to lie and say that his father had drugged and raped her, prosecutors have said. He has also been inconsistent about other claims about his father’s abuse. All of this may complicate his bid for parole, despite many family members who also plan to speak in his defense.

The parole hearings follow the brothers being resentenced in May, from life without the possibility of parole to 50 years to life, allowing them the opportunity for parole for the first time. The case has been one of the most high-profile murder trials in California history, driven by the brothers’ claims that they feared for their lives after years of abuse from their parents. Prosecutors, though, have said that the motive was financial, as their father was known to be a wealthy man.

The governor, Gavin Newsom, however, has the final say. In a 1988 state law, the governor can approve, deny, or modify parole board decisions for people convicted of murder and given indeterminate terms. The board’s decision is subject to an internal review for up to 120 days, at which point Newsom has 30 days to either affirm the decision or modify it.