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Erik Menendez was denied parole by a California board this week after spending more than 30 years in prison. The board decided that Erik, who was convicted with his brother Lyle of killing their parents in 1989, continued to “pose an unreasonable risk to public safety.”

The board’s nearly 10-hour parole hearing for Erik this week addressed his rehabilitation and conduct in prison as well as the arguments for and against parole. The Los Angeles County District Attorney’s office told the board to deny his release while more than a dozen family members testified on his behalf. The board agreed with prosecutors, however, in part because of Erik’s juvenile record, the heinous nature of the crime, and “serious violations” he committed in prison.

Erik, now in his 50s, will be up for parole again in three years. At the time of his decision, Parole Commissioner Robert Barton said the ruling was based not only on the nature of the murders but on the 1989 killings as well as his behavior while in prison.

“You can pose a risk to public safety in many ways, by a variety of types of criminal conduct, including the ones that you were guilty of while you were in prison,” Barton told Erik. He encouraged Erik to rely on his “great support network” to avoid violating again.

Erik’s record in prison includes nine rule violations since his imprisonment for possession of drugs and other contraband items, such as a cell phone and lighter. While several correctional officers have written letters on his behalf describing him as a “model inmate,” Barton suggested during the hearing that the label was not consistent with the record of violations. Erik told the board he did not believe release was a possibility until last year, when his “consequential thinking” changed.

Family members were also emotional as they spoke on Erik’s behalf. They recalled the toll that the murders had taken on them over the past three decades, but also the ability to forgive. “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 Menendez brothers’ mother, Kitty. “It has divided us. It has caused us panic and anxiety.”

Others said Kitty’s perceived inaction to end the abuse in the household only made the boys more frightened. Karen Mae Vandermolen-Copley, Kitty’s niece, described her aunt as “lost for words” at times, and that her “absence of protection deepened their fear and confusion.” The only family member known to oppose parole was Kitty’s brother, Milton Andersen, who died earlier this year.

In a statement following the decision, the family said they were disappointed but respected 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 older brother, Lyle Menendez, will face the same parole board in the coming week. His hearing has been set for Friday, when the board will consider his record of rehabilitation and prison conduct as well. Although Lyle has a slightly cleaner disciplinary record than Erik, the details of his actions in the killings may be considered during the hearing.

In the 1993 trial, Lyle told the court that he had shot his parents multiple times at close range with a shotgun. Barton said during this week’s hearing that his mother’s death “was devoid of human compassion.”

Lyle’s account of alleged abuse by their father has also been scrutinized for inconsistencies. At times, the prosecution said, he asked his girlfriend to lie and say his father had drugged and raped her. These details could complicate his parole case, even though family members are expected to speak in his favor.

The parole hearings come after both brothers 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 has long been one of the most high-profile murder trials in California history, with the brothers claiming to have acted out of fear of their parents after years of abuse. Prosecutors argued they were financially motivated, though, by their father’s wealth.

Governor Gavin Newsom ultimately has the final say in the fate of the brothers. Under a 1988 state law, the governor can approve, deny, or modify parole board decisions for any person convicted of murder and sentenced to an indeterminate term. The board’s decision will undergo an internal review for up to 120 days, at which point Newsom will have 30 days to act.

Legal experts have noted that California governors have historically been unwilling to release high-profile prisoners. “Every governor is fairly allergic to releasing high-profile defendants,” said Christopher Hawthorne, a Loyola Law School professor. While former governors Pete Wilson, Gray Davis, and Arnold Schwarzenegger granted very few paroles in those cases, Jerry Brown and Gavin Newsom have changed the trend over the past decade, making parole much more likely.

The Menendez brothers, however, may be too well known to have a smooth case. “The governor has to balance public safety and whether there has been sufficient insight on the part of these defendants,” said Hawthorne.

Erik remains in prison for now, and at least three years away from another shot at parole. Lyle will soon learn if his path forward is different—or if both brothers will continue to serve the life sentences they received more than 30 years ago.