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Erik Menendez was denied parole on Wednesday by a California parole board after more than three decades in prison. The board found that Erik, who, along with his brother Lyle, was convicted of killing his parents in 1989, still poses “an unreasonable risk to public safety.”

The parole hearing, which lasted nearly 10 hours, saw Erik’s history of rehabilitation, behavior in prison, and arguments for and against parole. Prosecutors from the Los Angeles County District Attorney’s office asked the board to deny his request, while more than a dozen family members spoke on his behalf. In the end, the board sided with the prosecutors, citing Erik’s criminal past as a teenager, the brutality of the murders, and “serious violations” while in prison.

In his 50s now, Erik will be eligible for another parole hearing in three years. In announcing the decision, Parole Commissioner Robert Barton made clear the board was not only looking at the seriousness of the original murders, but Erik’s behavior in prison as well.

“One can pose a risk to public safety in many ways, with several types of criminal behavior, including the ones you were guilty of in prison,” Barton said to Erik. “I strongly encourage you to utilize this great support network to the maximum so you won’t get yourself in a situation that will lead to more serious violations.”

Erik has a history of nine rule violations in prison, from drug possession to contraband, including a cell phone and lighter. Though several correctional officers wrote letters on his behalf and described him as a “model inmate,” Barton wondered if that description was truly “consistent with a person who had these multiple violations.” Erik told the board that he only started thinking about the possibility of release last year, and that his “consequential thinking” has changed since then.

Family members who spoke on Erik’s behalf were tearful and emotional, both for the trauma the Menendez brothers’ murders had on them, but also for forgiveness. “To say that our family has experienced pain does not quite capture what the last 35 years have been like,” Tiffani Lucero-Pastor, the great-niece of the Menendez brothers’ mother, Kitty, said. “It has divided us. It has caused us panic and anxiety.”

Others said Kitty’s failure to protect her children from the alleged abuse in the home only deepened 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 known to be opposed to parole is Kitty’s brother, Milton Andersen, who died earlier this year.

The family put out a statement following the parole board’s decision, one that expressed disappointment but respect for the ruling. “Our belief in Erik remains unwavering,” it 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 was not the only Menendez brother the board considered. Erik’s brother, Lyle, now 60 years old, will go before the board for parole on Friday. The board will consider Lyle’s record of rehabilitation and his conduct in prison. He has slightly fewer disciplinary violations than Erik, but his role in the killings may count against him.

During the original trial in 1993, Lyle testified that he fired several blasts from a shotgun at each parent at close range. Commissioner Barton pointed out this week that the way their mother died was “devoid of human compassion.”

Lyle was also called out by Barton for inconsistencies in his claims of abuse by their father. At one point, prosecutors say, he coached his girlfriend to lie to the police and claim his father had drugged and raped her. Both brothers have a history of exaggerating or fabricating abuse claims, and those details could complicate their parole hearings, despite the support of many family members who plan to speak on their behalf.

The parole hearings come after both brothers were resentenced this May to 50 years to life from life without parole, making them eligible for parole for the first time. Their trial was among the most high-profile in California history, thanks in large part to their claims that they killed their parents out of fear of abuse. But prosecutors have long said the real motivation was money, their father’s fortune.

Governor Gavin Newsom will ultimately have the final say in the brothers’ fate. Under a 1988 state law, California governors have the power to affirm, deny, or modify parole board decisions for anyone convicted of murder and sentenced to an indeterminate term. After an internal review of up to 120 days, the board’s decision will go to Newsom, who has 30 days to act.

Legal experts say California governors have typically been reluctant to release high-profile prisoners. “Every governor is fairly allergic to releasing high-profile defendants,” said Christopher Hawthorne, a professor at Loyola Law School. Former governors Pete Wilson, Gray Davis, and Arnold Schwarzenegger virtually never allowed parole in such cases. But Jerry Brown and Gavin Newsom have bucked the trend over the past decade, making parole more accessible.

Still, the Menendez brothers’ high profile may complicate their fates. As Hawthorne put it, Gavin Newsom “has to balance the interests of public safety and whether or not the offender has developed any real insight into their crime.”

Erik remains in prison, with his next chance at parole at least three years away. Lyle will soon see if he faces the same fate or if the two brothers may soon leave the life sentences they have served for more than three decades.