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Erik Menendez was denied parole by a California board this week, despite spending more than 30 years in prison. The panel said Erik, convicted with his brother Lyle of their parents’ 1989 murders, “would still pose an unreasonable risk to public safety if released.”

In a nearly 10-hour hearing, the board considered Erik’s rehabilitation, conduct in prison, and the arguments for and against his release. Prosecutors from the Los Angeles County District Attorney’s office recommended the board deny parole, while over a dozen family members spoke in his favor. In the end, the panel agreed with prosecutors, citing Erik’s juvenile criminal record, the brutality of the killings, and “serious violations” in prison.

Erik, now in his 50s, will be up for parole again in three years. Parole Commissioner Robert Barton explained the decision on Thursday, saying the decision was not made “based solely on the severity of your original offenses” but on his prison conduct as well.

“One can present a danger to public safety in many different ways, through many different types of criminal activity, including the ones you were convicted of while you were in prison,” Barton said to Erik. He told Erik to make better use of his “great support network” to avoid more prison rule violations.

Erik’s prison record includes nine rule violations since he was sent to prison, some for possessing drugs, others for having contraband like a cell phone and a lighter. Several correctional officers have written letters on Erik’s behalf as a “model inmate,” but Barton asked if that term was appropriate given the rule violations. Erik responded that he only started to believe he could be released last year and that his “consequential thinking” changed.

The brothers’ family members were largely tearful as they spoke of the pain and division caused by the murders over the last three decades, but also offered forgiveness. “To say that our family has experienced pain does not quite capture what the last 35 years have been like,” said Tiffani Lucero-Pastor, a great-niece of the brothers’ mother, Kitty. “It has divided us. It has caused us panic and anxiety.”

Others faulted Kitty’s inability to step in against the abuse they said went on in the home, deepening the brothers’ fear. Karen Mae Vandermolen-Copley, Kitty’s niece, told the panel her aunt’s “absence of protection deepened their fear and confusion.” Kitty’s brother, Milton Andersen, was the only known relative to have opposed parole, but he died earlier this year.

In a statement after the hearing, the family said they were disappointed but accepted the board’s decision. “Our belief in Erik remains unwavering,” the statement read. “His remorse, growth, and the positive impact he’s had on others speak for themselves. 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 brother, Lyle Menendez, will now go before the parole board. He will appear for a hearing on Friday, where a panel will weigh his record of rehabilitation and prison conduct. Lyle has fewer disciplinary violations than Erik, but the way he killed the parents may hurt his chances as well.

Testifying in the 1993 trial, Lyle said he fired multiple blasts from a shotgun at both parents at close range. Parole Commissioner Robert Barton noted Thursday that the way his mother was killed “was devoid of human compassion.”

Lyle has also raised eyebrows with inconsistent claims of their father’s abuse. At times, prosecutors said, he even tried to get his girlfriend to lie and say their father drugged and raped her. Lyle’s path to parole may be just as rocky as his brother’s, despite support from many family members set to speak on his behalf.

The parole hearings for both brothers came after they were resentenced in May from life without parole to 50 years to life in prison, making them eligible for parole for the first time. The case was among the most high-profile murder trials in California history, partly based on their claims that they killed their parents out of fear after years of abuse. Prosecutors have argued the motive was financial, pointing to the fortune their father left behind.

In any case, the state’s governor has the final say on the matter. Under a 1988 state law, governors can approve, deny, or modify parole board decisions for people convicted of murder and given indeterminate terms. The board’s decision will go through an internal review process for up to 120 days before Newsom will have 30 days to make a decision.

Legal experts say governors are often loath to release high-profile prisoners. “Every governor is fairly allergic to releasing high-profile defendants,” said Christopher Hawthorne, a Loyola Law School professor. Some, like former governors Pete Wilson, Gray Davis, and Arnold Schwarzenegger, have rarely let parole board decisions stand for murder cases, but Jerry Brown and Gavin Newsom reversed the trend over the past decade, making parole more likely.

But the Menendez brothers’ notoriety may still give them an uphill battle. “The governor has to weigh public safety and whether the defendant or the offender is demonstrating genuine insight and remorse,” Hawthorne said. “In a case like this, the high-profile nature of the offense is also going to be something that’s considered.”

For now, Erik Menendez remains behind bars, at least three years from another shot at parole. His brother Lyle will soon find out if he is granted release or if both brothers continue the life sentences they began over 30 years ago.