Lyle Menendez joins brother, denied parole in parents’ LA killing

Lyle Menendez has been denied parole one day after his brother Erik was similarly blocked from being freed from prison after more than three decades.

The Menendez brothers, who were convicted in the 1989 killings of their parents in their Beverly Hills mansion, were both rejected for release after separate, lengthy hearings before California’s parole board.

It marks a major setback for the pair who had seen recent court wins that brought them closer than ever to freedom.

The elder Menendez brother, 57, who has long been portrayed as the dominant sibling, can try for parole again at a hearing in three years, though the panel said that could be reduced to 18 months with good behaviour.

The parole board, which was comprised of a different panel than his brother Erik faced on Thursday, said they found “that there are still signs” Lyle poses a risk to the public.

The panel cited the brutal nature of the killings of their parents, Jose and Kitty Menendez, his lack of self-control and the signs that he still employs poor decision making.

“We find your remorse is genuine,” parole commissioner Julie Garland told him, explaining the decision and noting all the positive changes he had made while in prison.

“But despite all those outward positives, we see … you still struggle with anti-social personality traits like deception, minimization and rule breaking that lie beneath that positive surface,” Garland said.

The grisly murders and the trial that followed were among the criminal cases that defined the last century.

During their trials, the brothers claimed the killings were done in self-defence after years of sexual and emotional abuse from their father that they said was enabled by their mother.

Prosecutors, though, argued they were greedy, entitled monsters who meticulously planned the killings then lied to authorities investigating the case while going on a $700,000 (£526,000) spending spree using money they had inherited.

It was Lyle, long considered the dominant brother, who at first told police that he believed his parents’ brutal deaths were a mob hit job. He also fashioned elaborate stories that involved people lying for him to cover up their involvement. Both were cited by the board in their reasoning against his release.

The Menendez brothers were not arrested until police got word of their admissions to a psychologist.

“I’m profoundly sorry for who I was … for the harm that everyone has endured,” Lyle told the board. “I will never be able to make up for the harm and grief I caused everyone in my family. I am so sorry to everyone, and I will be forever sorry.”

Lyle faced a different panel of parole commissioners than his brother, who was denied release from prison on Thursday after a similarly lengthy hearing.

Like his brother, Lyle also appeared virtually for the hearing from the San Diego prison where he has been housed. The proceedings stretched to more than 10 hours and concluded after the sun had set in Los Angeles.

The panel reviewed whether Lyle posed a risk to society if released and examined his life before the killings and his time in prison. He asked about his time as a student at Princeton University and how he was accused of plagiarism and suspended as a result, as well as speeding violations and burglary allegations.

They also asked questions about moments of the killings, what led up to the murders and his motivation.

The panel repeatedly brought up his illicit cell phone use in prison, which they said he appeared to have near constant access to for years. Commissioner Patrick Reardon, one member of the panel, questioned if they should give so much weight to all the positive things he did in prison – like his schooling and programmes he created for inmates – when he was constantly violating the rules.

The panel noted he plead guilty to a cell phone violation as recently as March of this year.

In explaining their denial of his parole, commissioner Garland said “incarcerated people who break rules” are more likely to break rules in society.

Although he had a tablet that he was allowed to use, Lyle explained that he continued to use cell phones because it gave him more privacy.

Mobile phones are prohibited in prisons and considered to be as corrosive as drugs to a prison environment over concerns that they can further criminal activity, like moving drugs, intimidating witnesses and even organising escapes. All communications while behind bars are monitored, except for attorney-client conversations.

“I would never call myself a model incarcerated person. I would say that I’m a good person, that I spent my time helping people. That I’m very open and accepting,” Lyle told the board on Friday, noting he’s done a lot to help vulnerable inmates.

“I’m the guy that officers will come to to resolve conflicts,” he said, describing himself as a “peacekeeper”.

He graduated with a degree while in prison and is currently in the process of getting his master’s. Lyle has also been lauded for mentorship of other inmates, his work helping others who survived sexual abuse and a beautification programme he helped launch.

A risk assessment done before his hearing found that Lyle would face a “moderate risk” of violence if released and noted he has anti-social traits, as well traits of entitlement, deception, manipulation and issues with accepting consequences, citing his mobile phone use in prison.

The brothers’ trek to freedom is not over yet, as they each can appear in front of the board again, each after three more years.

The parole denials will shift focus to California Governor Gavin Newsom, who is separately considering a clemency request from them.

Clemency could come in the form of a reduced sentence or even a pardon. Weighing in on such a high-profile and controversial case could be politically risky for Newsom, who is said to be mulling a presidential run.

In addition to the clemency request, the brothers are also asking for a new trial in light of newly uncovered evidence alleging childhood sexual abuse by their father.

A judge is mulling that request, but it is opposed by the Los Angeles district attorney’s office.

During Friday’s hearing, prosecutor Ethan Milius lobbied against Lyle’s release. He questioned whether he has “genuinely” taken accountability for his conduct and pointed to Lyle’s inability to “follow basic rules while in a highly structured setting.”

“There is no growth. It is just who Lyle appears to be,” Milius said. “When you look at him, Lyle has a long-documented history of lies made to avoid the consequences of his own actions.”

A coalition of relatives who have long advocated for them, as well as supporters, were also in attendance virtually for Friday’s hearing and spoke on his behalf. Some of them refused to speak after audio of his brother’s hearing was released to a media outlet, which spurred anger from attorneys and a dramatic pause in the deliberations.

Lyle’s cousin Eileen Cano, who also spoke to the panel during Erik’s hearing on Thursday, told the board that she is amazed by how much Lyle has achieved despite facing life in prison without parole.

“While most people surrender to the crushing weight of prison life, Lyle rose above it,” she said.

“Lyle will not be a risk to the community because we as a family will hold him accountable,” she continued. “Delaying his release would serve no purpose. Lyle is not the man who went to prison 35 years ago.”