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After more than 30 years in prison, Erik Menendez was denied parole by a California parole board this week. Erik, who was convicted with his brother Lyle of their parents’ murders in 1989, still presents “an unreasonable risk to public safety,” according to the board.

The parole hearing lasted nearly 10 hours and considered Erik’s record in prison and his arguments for release, along with the reasons the state should not grant it. The Los Angeles County District Attorney’s office implored the board to deny his parole, and more than a dozen family members spoke on his behalf. In the end, the board agreed with prosecutors that Erik’s crime as a teen, the heinous nature of the murders, and “serious violations” in prison justified their decision.

Erik will now be eligible for parole in three years. In explaining the decision, Parole Commissioner Robert Barton said the ruling did not only take into account the murders but also Erik’s behavior while in prison.

“One can pose a risk to public safety in many ways and with several categories of criminal behavior, including the ones you were guilty of in prison,” Barton told Erik. He encouraged Erik to rely on his “great support network” and avoid more violations.

The former teen has accrued nine rule violations since his incarceration, including drug possession and contraband, such as a cell phone and lighter. Several prison correctional officers wrote letters to the parole board on Erik’s behalf, describing him as a “model inmate,” but Barton asked if that really squared with his history of nine rule violations. Erik replied that it was only last year that he started thinking he might be released and that his “consequential thinking” changed as a result.

Family members of the Menendez brothers tearfully took the stand to testify on Erik’s behalf. They explained the 35 years of pain and division the murders caused their family, as well as their 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, the great-niece of the Menendez brothers’ mother, Kitty. “It has divided us. It has caused us panic and anxiety.”

Others, including Kitty’s niece Karen Mae Vandermolen-Copley, said Kitty’s failure to stop the abuse that Erik and Lyle claimed took place in the house only deepened their fear. “Mom’s absence of protection deepened their fear and confusion,” Vandermolen-Copley said.

The only family member to speak against Erik’s parole was Kitty’s brother Milton Andersen, who died earlier this year.

The family released a statement after the ruling, saying they were “disappointed but respect the decision.” “Our belief in Erik remains unwavering,” the statement continued. “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 Has Final Say

Erik’s older brother, Lyle, will now face the parole board. He is scheduled for a parole hearing on Friday to consider his own record in prison and rehabilitation. Although Lyle has fewer disciplinary violations than Erik, the board may consider his actions in the killings.

At the 1993 trial, Lyle testified that he took a shotgun and fired at both parents at close range. “In the case of Mrs. Menendez, the manner of death is really devoid of human compassion,” Barton said this week.

Lyle’s version of the events also came under scrutiny for changing stories about alleged abuse by their father. In one instance, prosecutors allege he encouraged his girlfriend to lie and say his father had drugged and raped her. These issues may come up in his parole consideration, which has drawn the support of many family members who will also speak on his behalf.

The parole hearings follow both brothers being resentenced from life without the possibility of parole to terms of 50 years to life in May, making them eligible for parole for the first time. The case has long been one of the most high-profile murder trials in the state’s history, in part because of the brothers’ accusations that they killed out of fear of continued abuse. Prosecutors argued the murders were for financial reasons, citing their father’s wealth.

Governor Gavin Newsom has the final say in the brothers’ cases. Under a 1988 state law, Newsom can approve, deny, or modify parole board decisions for any person convicted of murder and sentenced to an indeterminate term. The board’s decisions are subject to an internal review of up to 120 days, and after that, Newsom has 30 days to make a decision.

Legal experts say California governors have been very reluctant to free high-profile prisoners. “Every governor is fairly allergic to releasing high-profile defendants,” said Christopher Hawthorne, a Loyola Law School professor. Former governors Pete Wilson, Gray Davis, and Arnold Schwarzenegger rarely allowed parole for high-profile prisoners, but the trend changed in the last decade under Jerry Brown and Gavin Newsom, who made parole more attainable.

Still, the notoriety of the Menendez brothers may make their cases different. “The question is really about public safety and do the defendants show insight,” Hawthorne said.

For now, Erik is back in prison, and his next shot at parole is at least three years away. Lyle’s fate will soon become clearer, whether his path diverges from Erik’s or if the brothers continue the life sentences they began over 30 years ago.