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Erik Menendez was denied parole after more than 30 years in prison this week. A California parole board decided Erik, who was convicted with his brother Lyle in 1993 of murdering their parents in 1989, remains “an unreasonable risk to public safety.”

The three-member parole board heard testimony over a nearly 10-hour hearing about Erik’s rehabilitation, prison conduct, and whether he should be released. The Los Angeles County District Attorney’s office recommended that the board deny his parole, and more than a dozen relatives testified in support of Erik. The panel ultimately sided with prosecutors and Erik’s record as a teenager, the violent nature of the murders, and “serious violations” while in prison.

Erik, who is in his 50s, is eligible for parole in three years. In announcing the decision, Parole Commissioner Robert Barton said that while it wasn’t the first consideration, Erik’s crimes were taken into account, along with other factors, especially his conduct while in prison.

“One can pose a risk to public safety in many ways, with many types of criminal behavior, including the ones you were guilty of in prison,” Barton told Erik. He added that he hoped Erik would rely more on the support of his “great support network” to avoid future violations.

Erik’s record includes nine prison rule violations since he was incarcerated, according to a letter from the warden, including a drug possession and contraband that included a cell phone and lighter. The board also reviewed letters from several prison correctional officers that described Erik as a “model inmate.” Barton asked the inmate how that assessment fit with his multiple infractions. Erik said last year was the first time he started to think he had a chance at release and that his “consequential thinking changed.”

Family members also spoke on Erik’s behalf, and many were in tears. They spoke about the pain and division caused by the murders over the past 35 years, but also about 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 in the family said Kitty’s failure to stop the abuse at home contributed to the brothers’ fear. Karen Mae Vandermolen-Copley, Kitty’s niece, said her aunt’s “absence of protection deepened their fear and confusion.” The only family member who was known to oppose Erik’s parole was Kitty’s brother, Milton Andersen, who died earlier this year.

The family stated the decision, saying they were “disappointed but not surprised” by the board’s decision, adding that they respected the process. “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 Holds Final Say

Erik’s older brother, Lyle, will be in front of the same parole board next. He is scheduled to face the board on Friday, where they will weigh his record of rehabilitation and behavior in prison. Lyle has slightly fewer disciplinary violations in prison than Erik, but his actions at the time of the killing may count heavily against him.

During the 1993 trial, Lyle testified that he fired several shotgun blasts at both of his parents at close range. Barton said in his remarks this week that the way Erik and Lyle killed their mother “was devoid of human compassion.”

Lyle has also had to answer questions about inconsistencies in his story about the alleged abuse they suffered at their father’s hands. At one point, prosecutors alleged, Lyle had his girlfriend lie and say his father drugged and raped her. Lyle’s hearing may also be complicated by such details, despite having support from many family members who have said they will testify on his behalf.

The parole hearings were held after both brothers were resentenced last month from life without the possibility of parole to 50 years to life in prison. That made them eligible for parole for the first time. The case has been one of California’s most high-profile murder trials since it began in the early 1990s. The brothers first said they were abused by their father, and killed their parents out of fear, but prosecutors argued the killings were to gain access to their father’s fortune.

Governor Gavin Newsom has the final say on the brothers’ fate. In 1988, California state law gave governors the power to approve, deny, or modify parole board decisions for those convicted of murder and sentenced to indeterminate terms. The board’s decision will go through an internal review for as long as 120 days, at which point Newsom has 30 days to act.

Legal experts say that governors have typically been leery about releasing high-profile inmates. “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 were mostly unsympathetic to parole in such cases, Jerry Brown and Gavin Newsom have reversed the trend in the past decade, making parole more likely.

The Menendez brothers’ high-profile status, however, may work against them, experts say. As Hawthorne put it, Newsom must consider whether they pose a public safety risk and if they’ve shown true insight into their crimes.

Erik now remains in prison, and his next shot at freedom is at least three years away. Lyle will soon find out if his hearing results in a different outcome—or if both brothers will continue their life sentences that they began more than 30 years ago.