Unexpected ‘erroneous’ release of Erik Menendez’s parole hearing audio causes family uproar as both brothers denied parole: ‘This is disgusting’
Lyle Menendez’s high-stakes parole hearing descended into chaos after audio from his brother Erik’s separate hearing was unexpectedly published online, sparking outrage from family members and legal representatives.
Just as Lyle’s hearing was wrapping up Friday evening, ABC 7 released excerpts from Erik Menendez’s recent 10-hour parole hearing — obtained through a public records request — which described the 1989 shotgun killings of their parents, Jose and Kitty Menendez, according to the Los Angeles Times.
The release immediately drew sharp backlash inside the hearing room.
“This is disgusting,” shouted Tiffani Lucero Pastor, a relative of the Menendez brothers. “You’ve misled the family, and now to compound matters, you’ve violated this family and their rights.”
Erik, 54, was denied parole for at least another three years after his hearing on Thursday — his first opportunity at release since receiving a life sentence for the murders.
In the released audio, Erik revisited the night of the killings, describing fear and rage over the sexual abuse he says he suffered at the hands of his father.
“Fear was driving me to that den, and rage,” Erik said in the recording. “The idea that dad was going to come to my room and rape me that night… So I just went and I ran and I got the gun in my room and went down to the car and I loaded it and I ran into that den before Lyle could.”
He also explained why their mother, Kitty, was targeted, saying the brothers saw their parents as “one person” because of her support for their father.
“She was his victim. I should have known that,” Erik said. “But that night, I saw them as one person.”
When asked how he now distinguishes right from wrong, Erik said it came through a long “evolution,” beginning with reconnecting with his faith.
Parole Commissioner Robert Barton cited multiple past violations — including possession of a cellphone and inmate altercations in 1997 and 2011 — as reasons Erik was not eligible for parole.
Lyle’s attorney, Heidi Rummel, who represents both brothers, demanded a break during the hearing after learning of the audio’s release. She argued that the leak had irreparably compromised the fairness of Lyle’s hearing.
“We are sitting here asking Mr. Menendez to follow rules,” she said. “And in the middle of this hearing, we find out CDCR [California Department of Corrections and Rehabilitation] is not following its own rules. It’s outrageous.”
“You can’t possibly understand the emotion this family is experiencing,” Rummel added, noting how hard they’ve worked to protect their privacy.
Although Parole Commissioner Julie Garland stated that audio from parole hearings can be released under California’s Public Records Act — with transcripts typically going public 30 days after a decision — Rummel pushed back. She said her prior requests for hearing recordings had been denied and called the move “highly unusual.”
“This has never been done,” she said, accusing officials of turning the process into a “public spectacle.” She also objected to media access during the hearings, implying it led to the leak.
A CDCR spokesperson later confirmed that the audio had been released “erroneously.” Garland noted that audio from Lyle’s hearing would be withheld for now, pending Rummel’s potential legal challenge. Rummel indicated she may seek to seal transcripts under Marsy’s Law, which protects crime victims’ privacy.
Despite the disruption, the parole board ultimately ruled that Lyle Menendez remains unsuitable for release.
The Menendez brothers have long claimed they killed their parents in self-defense after enduring years of sexual abuse, a claim prosecutors have dismissed as a fabrication. At the hearings, Deputy DA Habib Balian argued the brothers’ refusal to admit guilt showed a lack of insight — a key requirement for parole in California.
The case, which captivated the nation during their high-profile trials in the 1990s, returned to the spotlight recently thanks to a Netflix documentary. In its wake, then–District Attorney George Gascón filed a motion to resentence the brothers, citing new evidence, including a handwritten letter from Erik to a cousin before the murders, describing abuse.
But when Gascón lost his seat to Nathan Hochman, the new DA reversed course and took steps to keep the brothers in prison.
With parole denied and new trials out of reach for now, the Menendez brothers’ last realistic hope may lie in a clemency request to California Governor Gavin Newsom. So far, Newsom has remained noncommittal, opting to let the legal process run its course.
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