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Erik Menendez was denied parole after more than three decades in prison by a California board this week. Board members deemed Erik, who was convicted with his brother Lyle of their parents’ 1989 murders, “an unreasonable risk to public safety.”

The parole board’s nearly 10-hour hearing on Tuesday reviewed Erik’s rehabilitation, behavior in prison, and the arguments for and against his release. Attorneys from the Los Angeles County District Attorney’s office made the case for keeping Erik in prison, while more than a dozen family members spoke in support of his release. The board ultimately agreed with prosecutors and cited Erik’s juvenile criminal record, the heinous nature of the crime, and “serious violations” in prison.

Erik, in his 50s, is eligible for another parole hearing in three years. In explaining the decision, Parole Commissioner Robert Barton said that it was “not based on the offense itself, although it is a very serious offense, but based on your behavior since you have been in prison.”

“One can pose a risk to public safety in many different ways, and many different types of criminal conduct, including the conduct you were guilty of in prison,” Barton told Erik, as well as telling Erik to use his “great support network” to keep from committing further violations.

The “violations” include nine rule infractions that Erik received since his imprisonment, from drug possession to having contraband cell phones and lighters. Although many correctional workers have written letters to the board describing him as a “model inmate,” Barton wondered if that label fit Erik’s record of rule violations. Erik responded that it was only last year that he really started to think that he might be released, and that his “consequential thinking” had changed as a result.

Erik was supported by many tearful family members who testified on his behalf. The witnesses described the murders as having caused more than 30 years of family pain and division, but they also expressed 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, told the board. “It has divided us. It has caused us panic and anxiety.”

Some family members suggested that Kitty’s lack of action on the alleged abuse in the home further deepened the brothers’ fears. Karen Mae Vandermolen-Copley, Kitty’s niece, said, “Your aunt’s absence of protection deepened their fear and confusion.” The only known family member opposed to Erik’s parole was Kitty’s brother, Milton Andersen, who died earlier this year.

The family stated the decision that it had “disappointed, but respected” the board’s ruling. “Our belief in Erik remains unwavering,” the statement read. “His remorse, his growth, and the positive effect he’s had on those around him speak for themselves. We will continue to stand by him and hold to the hope that he will be able to return home soon.”

Lyle Menendez Will Also Face Parole Hearing; Governor Has Final Word

While Erik was denied parole, the older Menendez brother, Lyle, will also face a parole hearing. That parole board review will come on Friday, when the board will also hear about Lyle’s record of rehabilitation and behavior in prison. Lyle’s hearing may be more difficult than Erik’s due to the actions and statements he made at the time of the killings.

Lyle, in his 50s, testified at their 1993 trial that he fired multiple shotgun blasts at each parent, at close range. “His actions were angry and cold,” Barton said of Lyle’s testimony on Tuesday, particularly noting the death of their mother, Kitty, which he said was “devoid of human compassion.”

Lyle has also faced questions about the consistency of his statements about abuse from their father. At one point, prosecutors alleged, Lyle even encouraged his girlfriend at the time to lie about his father drugging and raping her. These and other details from the original case may also impact Lyle’s release.

After their parole board hearings, their ultimate fates still rest with California Governor Gavin Newsom. A 1988 state law gives the governor the final say on the parole board’s decision for all who were convicted of murder and sentenced to an indeterminate term. The board’s decision will be subject to an internal review for 120 days. Newsom then has 30 days to decide whether to follow the board’s decision, modify it, or outright deny it.

The board’s decision is ultimately subject to public safety concerns, including the weight of their past crimes and the insight the board and the governor feel the brothers have shown. Newsom may find himself less likely to release the brothers, given the high-profile nature of the case and their notoriety. As Christopher Hawthorne, a professor at Loyola Law School, put it, “Every governor is fairly allergic to releasing high-profile defendants.”

Past California governors, including Pete Wilson, Gray Davis, and Arnold Schwarzenegger, were less likely to allow parole even for those with wide support and good prison records. However, former governor Jerry Brown and Newsom, his successor, have bucked that trend in the past decade, making parole more likely for most in that situation.

Still, the Menendez brothers’ fame and fortune are likely to make the decisions harder. As Hawthorne noted, “Newsom, like all governors, has to balance the safety of the public with whether these inmates show any insight into their offenses.”

For now, Erik remains in prison with another chance at parole at least three years away. Lyle will soon know whether his fate will be different.