Erik Menendez, who is currently serving a sentence of 50 years to life alongside his brother Lyle for killing their parents in 1989, is being treated for kidney stones. The brothers’ attorney, Mark Geragos, has asked Gov. Gavin Newsom to grant Erik a medical furlough in advance of the brothers’ August parole hearing.
A medical furlough for an incarcerated person involves a temporary, supervised leave for treatment.
Geragos first shared the news of his request to Newsom on TMZ on July 22.
“Erik is having a serious medical issue right now,” Geragos told the entertainment news outlet. “I think if there was ever anybody who should be furloughed, especially right now, a month before the [parole] hearing, it’s Erik.”
In the interview, Geragos noted that Newsom has furloughed imprisoned people in the past, especially during the COVID and post-COVID era.
“I would ask that he furlough Erik in advance of the hearing, and he can do that with one stroke of the pen,” he said. “I think it’s called for … so that [Erik] can work with the parole attorney and get up to speed and be ready and do it and give it his best shot. I think that it’s the only fair and equitable thing to do.”
Representatives from Geragos’ office declined to provide any more information about the situation as of press time.
Lyle Menendez, 57, and Erik Menendez, 54, were convicted of murdering their parents in Beverly Hills in 1989. After their first trial resulted in a hung jury, they were found guilty at a second trial of first-degree murder with special circumstances and sentenced to life in prison without the possibility of parole.
In 2024, a motion for resentencing was filed by former Los Angeles County District Attorney George Gascón. The motion was granted, and at a hearing held in May, Los Angeles Superior Court Judge Michael Jesic reduced the brothers’ sentences to 50 years to life with the possibility of parole.
Jesic cited the rehabilitation efforts the brothers have made in prison, including their work with other inmates.
Family members of the Menendez brothers largely support their efforts to be released from prison. Many spoke on their behalf at the resentencing hearing.
Because the brothers were younger than 26 at the time of the murder, they are eligible for immediate parole.
L.A. County District Attorney Nathan Hochman has opposed resentencing for the Menendez brothers, arguing that they have not been truthful about the motive for the crime. The brothers have consistently alleged that the murders stemmed, in part, from years of abuse, including sexual abuse, suffered at the hands of their father, Jose Menendez.
Hochman has argued that the evidence does not support that claim.
Earlier this month, L.A. County Superior Court Judge William Ryan ordered Hochman to demonstrate why the brothers’ convictions should not be reexamined. Ryan’s order was a response to new evidence brought forth in a 2023 petition, which the brothers’ attorneys say could have changed their convictions.
That evidence includes a letter sent by Erik to a cousin detailing the abuse he endured, as well as a declaration from former Menudo band member Roy Rossello stating that Jose Menendez, who worked in the music industry, sexually assaulted him in the 1980s.
The Menendez brothers’ attorneys argue that the documents disprove prior claims by the prosecution that Jose was “not a violent and brutal man” and “not the kind of man” that would abuse his children.
The brothers’ parole hearing is scheduled for Aug. 21 and 22. If board recommends parole, the case will be sent to Newsom. He will have 90 days to review the decision and can overrule it.
Newsom asked the Board of Parole Hearings for a clemency assessment of the Menendez brothers’ case in February.
As of press time, it is not clear whether Newsom will grant Erik’s request for a medical furlough.
