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Erik Menendez was denied parole three months after his and brother Lyle Menendez‘s successful resentencing hearing. The court deemed Erik, 54, a moderate risk to the community if released from San Diego, California’s Richard J. Donovan Correctional Facility. Meanwhile, supporters of the brothers — who have been incarcerated since 1996 for the murders of their parents, José and Kitty Menendez — were shocked about the results of Erik’s Thursday, August 21, hearing. After all, he’s obtained a college degree and participated in volunteer programs while serving his original life sentence. So, why was he denied parole?

Below, Hollywood Life has gathered all the information we know about Erik’s failed parole hearing and the court’s decision.

Why Was Erik Menendez Denied Parole?

Erik was denied parole because the parole board considers him a moderate risk to the community outside of prison, and they cited his prison violations.

Erik Menendez’s Prison Violations: What Were They?

According to Parole Commissioner Robert Barton, Erik has multiple prison violations that contributed to the board’s decision to reject him.

“Contrary to your supporters’ beliefs, you have not been a model prisoner, and frankly we find that a little disturbing,” Barton told Erik during the 10-hour hearing, for which Erik appeared via video call.

The following are some of Erik’s prison violations:

• At least three altercations while in prison
• His 2013 tax fraud
• Having art supplies, wax candles and spray paint inside his cell
• Allegedly having “excessive physical contact” with wife Tammi
• Smoking marijuana in his cell with another inmate
• Using supplies to make wine in prison
• Use of a mobile phone

Barton pointed out during Erik’s hearing that he’s been involved in at least three fights or altercations while behind bars. One happened in November 1997 with a person Barton identified as “Mr. Brown” after Erik was transferred to the RDJ Correctional Facility.

“I was guilty of mutual combat. I fought back,” Erik admitted during the hearing, according to multiple outlets.

Barton later questioned Erik about the tax fraud he committed in 2013, which Erik defended he was coerced to plan due to an imminent threat from a prison gang.

“I was in tremendous fear,” Erik said while claiming that one of his friends in prison was stabbed and raped by the gang in question. “This was a great opportunity to align myself with them and to survive.”

In February 2018, Erik invited a person into his cell to smoke marijuana, Barton said. It was also revealed that he had supplies in his cell to make wine, to which Erik admitted was because he felt “miserable” in prison.

Barton later pointed to Erik’s violation of using a cell phone, saying, “The phone, again, in the abstract, it’s easy for the people on the outside to look at that and go, ‘What’s the big deal?’ [But that] doesn’t change the fact that you knew what you were doing, and you knew why you were doing it.”

Lastly, Erik was also found with his wife, Tammi Menendez, engaging in “excessive physical contact” inside the prison chapel while her then-9-year-old daughter, Talia, was in the room. Erik defended himself by saying, “I was pushing the line occasionally in the visiting room with my wife because I was attracted to her, and we had sexual feelings for one another, and we had no way to really express those.” However, Erik maintained that he and Tammi did not engage in sexual activity and said they just “snuggled” while Talia read a book in the room.

Barton concluded that Erik’s “institutional misconduct showed a lack of self-awareness.”

Does Erik Menendez Have a Child?

Erik does not have a biological child, but he is a stepdad to his wife Tammi’s daughter, Talia, whom she had from a previous relationship. Talia is an adult now.

Did Lyle Menendez Get Parole?

Lyle’s fate will be decided on August 22, 2025, one day after his younger brother’s parole was denied.

If you or anyone you know has been sexually abused, call the National Sexual Assault Hotline at 1-800-656-HOPE (4673). A trained staff member will provide confidential, judgment-free support as well as local resources to assist in healing, recovering and more.