Erik Menendez, convicted of murdering his parents in LA, has been denied parole after making a fresh bid for his release before California’s parole board. The younger of the two Menendez brothers, who were arrested in 1989, appeared before the board seeking freedom for the first time in three years.

Parole Board commissioner Robert Barton concluded that Erik was not yet ready for release, extending his decades-long incarceration. However, the focus is now shifting to Governor Gavin Newsom, who has separately received a clemency petition from the brothers. If granted, Newsom’s clemency could reduce their sentences or even grant a pardon, though it would not overturn the Menendez brothers’ convictions.

Spotlight on Governor Newsom

The State of California gives the governor unusual power, allowing him to “affirm, modify, or reverse the decision of the parole authority,” for someone convicted of murder with an indefinite term. Thus, the fate of the Menendez brothers now lies in the hands of Gavin Newsom with oversight on the decision.

However, there has been no clarification as to which side Newsom is leaning under Proposition 89. It is aimed at providing an extra measure of safety to law-abiding citizens and block parole of those who might still pose a significant threat to society.

‘Still an unreasonable risk to society’

During Erik Menendez’s hearing, a prosecutor from the district attorney’s office argued against his release and said that positive changes in his behaviour were only motivated by a chance of release. ‘He has no insight into his crimes,’ he added after calling him an ‘unreasonable risk to society’.

Erik appeared virtually for his hearing from the San Diego prison which went all-day long. He described in detail about the kills, the relationship shared with his parents and how he attempted to cover up the guilt.

The increasingly violent nature of the crimes had Erik and his brother, Lyle, shoot the couple more than a dozen times. They have stood their ground on self defence and claimed that they were abused sexually.

Erik Menendez’s defence

Apologizing to his family, Erik remarked that he was “unimaginably sorry for what I have put them through from Aug. 20, 1989 until this day, and this hearing.” Adding on, he said, “If I ever get the chance at freedom, I want the healing to be about them,” he said. Calling it a “family tragedy”, he said that it was a “healing of the family.”

The homicide, wasn’t the only charges on his list since he was involved in two burglaries. Under scrutny, was his health and him being a danger to society since a risk assessment revealed him to be a ‘moderate’ risk, if released.

His brother Lyle is scheduled to face his parole suitability hearing on Saturday after the Menendez brothers were resentenced in May and entered the parole eligibility.