When Will the Menendez Brothers Be Eligible for Parole Again? What to Know After Recent Denials

Lyle and Erik Menendez will remain in prison for the 1989 murders of their parents, José and Kitty Menendez.

On August 21, Erik appeared in the 10-hour virtual parole hearing, during which he faced denial as Parole Commissioner Robert Barton said they found he continues "to pose an unreasonable risk to public safety." A risk assessment determined he is at moderate risk if granted parole and released.

"While we give great weight to youth offender factors, your continued willingness to commit crimes and violate prison rules," said Barton, citing Erik's drug use, tax-fraud scam and involvement in fights while in prison.

According to the parole commissioner, Erik's behavior and "institutional misconduct showed a lack of self-awareness" prompted the refusal.

The following day, Parole Commissioner Julie Garland gave Lyle the same outcome. Although the parole board acknowledged his remorse and changes, they believe Lyle still "struggles with anti-social personality traits like deception, minimization and rule breaking that lie beneath that positive surface."

Julie told Lyle the denial is "not the end," adding, "It's a way for you to spend some time to demonstrate, to practice what you preach about who you are, who you want to be. Don't be somebody different behind closed doors."

Following the parole denials, the Menendez Brothers can apply again in three years. They have the option to file and request an administrative review, so they could face the parole board again in as soon as 18 months.

Additionally, the siblings can seek clemency from Governor Gavin Newsom.

"Newsom can also exercise his clemency power to pardon or release the Menendez brothers at any time," the District Attorney's office said.

For years, Lyle and Erik's family have consistently called for their respective release after serving more than three decades in prison.

Following the denial, their loved ones issued a statement expressing disappointment with the outcome but saying they remained "incredibly proud of how Erik and Lyle showed up — with honesty, accountability, and integrity."

"This is not the end of the road," the family added. "In the meantime, we know they will take time to reflect on the Board's recommendations and will continue to lead, mentor, and build programs that support rehabilitation and hope for others."

In March 1996, the jury found Lyle and Erik guilty of killing their parents. The brothers were convicted on two counts of first-degree murder and conspiracy to commit murder.

Lyle and Erik are staying behind bars at Richard J. Donovan Correctional Facility in San Diego.

They were initially imprisoned separately for more than 20 years, with Lyle previously staying at Mule Creek State Prison in Ione, Calif., before his transfer to the San Diego prison in 2018.