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Erik Menendez was denied parole this week, even after spending more than 30 years in prison. The California parole board ruled that Erik, who was convicted in the 1989 murders of his parents along with brother Lyle, still “poses an unreasonable risk to public safety.”

During a nearly 10-hour parole hearing, the board reviewed Erik’s rehabilitation and behavior in prison alongside the arguments for and against his release. Representatives for the Los Angeles County District Attorney’s office recommended denial, while more than a dozen family members spoke in his support. In the end, the board agreed with prosecutors, citing Erik’s past crimes as a teenager, the “extreme violence” of the crime, and “serious violations” in prison.

Erik, now in his 50s, will be eligible for parole in three years. Parole Commissioner Robert Barton explained the ruling by saying the board considered not just the original murders, but also Erik’s behavior behind bars.

“One can present a current risk to public safety in many ways, through various types of criminal conduct, including the type you were guilty of in prison,” Barton told Erik. He added that Erik should rely more heavily on his “great support network” in the future to avoid further violations.

Erik has racked up nine rule violations since he was sent to prison, from possessing drugs to having contraband items like a cell phone and a lighter. While several correctional staff have penned letters to the board, calling Erik a “model inmate,” Barton said he was unsure whether that fit with his rule-breaking. Erik said he had only last year begun to believe he would one day be released, and his “consequential thinking” had changed as a result.

Family members who testified on Erik’s behalf were often tearful, with many speaking about the 35 years of pain and division the murders had caused, 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, great-niece of the Menendez brothers’ mother, Kitty. “It has divided us. It has caused us panic and anxiety.”

Some family members also spoke to Kitty’s absence in stopping the alleged abuse at home, which may have deepened the brothers’ fear. Karen Mae Vandermolen-Copley, Kitty’s niece, said that her aunt’s “absence of protection deepened their fear and confusion.” The only known relative to oppose parole was Kitty’s brother, Milton Andersen, who died earlier this year.

The family said in a statement after the ruling that they were “disappointed with the decision” but respected the board’s opinion. “Our belief in Erik remains steadfast,” they said. “His remorse, his growth, and the good he has done for so many speak volumes. We will continue to stand by him and hold out hope he can be with us at home soon.”

Lyle Menendez to Face Parole Hearing, Governor Holds Final Say

While Erik’s hearing is over, his older brother, Lyle, will soon face the same board. On Friday, the parole board will conduct Lyle’s hearing, when they will review his behavior in prison and his record of rehabilitation. Though Lyle has slightly fewer disciplinary violations than Erik, his conduct during the murders will almost certainly hurt his case.

During the 1993 trial, Lyle testified that he had fired multiple shotgun blasts at each of his parents in their beds, at close range. Barton wrote this week that the manner of his mother’s death was “devoid of human compassion.”

Lyle has also drawn criticism from prosecutors for shifting stories about their father’s alleged abuse of the brothers. At one point, he reportedly asked his girlfriend to lie and say their father had drugged and raped her, according to prosecutors. His inconsistent story could make a parole bid challenging, despite a similar showing of support from family members, many of whom plan to testify on his behalf.

The parole hearings for both Lyle and Erik come after they were resentenced from life without the possibility of parole to 50 years to life in May, the first time they’ve been eligible for parole. It’s one of the most high-profile murder trials in California history, after the brothers, who were both in their early 20s at the time, said they killed out of fear after years of abuse. Prosecutors countered that they were motivated by their father’s fortune, pointing to the killings as financially motivated.

Governor Gavin Newsom will ultimately have the final word in the brothers’ cases. As part of a 1988 state law, the governor can approve, deny, or modify parole board decisions for murderers serving indeterminate sentences. The board’s ruling will undergo an internal review, which can take up to 120 days. Newsom then has 30 days to act once the review is complete.

Legal experts have said California governors have historically been wary of granting high-profile convicts parole. “Every governor is fairly allergic to releasing high-profile defendants,” Loyola Law School professor Christopher Hawthorne said. Former governors Pete Wilson, Gray Davis, and Arnold Schwarzenegger rarely let parole happen in these cases, he said. But Jerry Brown and Gavin Newsom have made it more likely in the past decade.

The Menendez brothers’ fame, however, may work against them. “The governor has to weigh the considerations of public safety,” Hawthorne said. “But I think you can also see whether these defendants present insight and depth of understanding into their crimes.”

For now, Erik will remain in prison, with his next chance at parole at least three years away. Lyle will find out soon if his path will lead elsewhere—or if both brothers continue to serve the life terms they began more than 30 years ago.