SAN DIEGO (KGTV) — The Menendez brothers have earned university degrees and founded rehabilitation programs while serving life sentences for murdering their parents. But they’ve also gotten into trouble for violating prison rules during the decades they’ve been behind bars.
Documents obtained through a public records request by Team 10 show Erik and Lyle Menendez have each had two serious rule violations while in prison at the Richard J Donovan Correctional Facility in San Diego.
The state refused to disclose what those violations were, but court documents give some insight.
Erik has had eight rule violations while his brother Lyle has had five over the past three decades.
Both brothers have been caught with cellphones while at the San Diego prison, where they’ve been housed together since 2018.
In 2006, Erik lost visiting privileges after a female visitor had her hand on his groin area.
“Menendez’s visitor had her left hand near his crotch area and was moving her arm back and forth. This behavior was performed in the presence of a minor,” according to a prison report.
In Erik’s statement to a guard, he claimed “Her hand was in my lap area, but she was not rubbing or stroking me.”
But his statement was contradicted by video surveillance, according to prison records. A correctional sergeant wrote in a report at the time “Visitor had her left hand near his crotch area and was moving her arm back and forth.”
Erik has also gotten into trouble for disobeying an order, assaulting another inmate and being in possession of tobacco.
San Diego defense attorney Randy Grossman, who has represented high-profile clients charged with murder and even cannibalism, said the brothers’ records behind bars will play a critical role when they appear before a judge at a resentencing hearing.
“It's very important because as part of resentencing, primarily what the court looks at is what had they done since they've been sentenced. The court isn't really focusing on what the crime was and those different things that come into it.”
Former Los Angeles District Attorney George Gascón wants the brothers resentenced to life sentences with parole and argues both have rehabilitated.
He filed hundreds of pages of evidence in support of the brothers being released from prison. The documents outline numerous programs meditation and peace projects Erik and Lyle have created for other inmates.
“Erik Menendez has proven himself to be an incredible asset to his prison community. He has created four new programs within the RJ Donovan Prison to assist and better his fellow inmates' quality of life,” Gascón said in a petition to the court.
Caught with a lighter, shoes
Gascón, who lost his reelection bid last fall, said in a court filing that Lyle has excelled while behind bars and earned university and college degrees.
“It is important to note that Lyle Menendez has not been in a single fight in the 30 years he has been incarcerated. In 1997 he had to be moved from General Population to the Special Needs Yard because he wouldn't fight back when attacked,” Gascón wrote.
Lyle’s rule violations include refusing an order, using a prison phone without permission, and possessing contraband items such as a lighter and Adidas shoes.
Lyle Menendez prison rules violationsby Pat Mueller
Grossman said it’s hard to know if the Menendez brothers will be successful in their bid for freedom.
"Some judges that I've appeared before are very happy to see growth, that people have attended classes that they've, you know, done all these different things. Other judges get really offended by violations, like, well, why were they using the cell phone? Why was he having inappropriate contact with the female? Grossman said.
Erik and Lyle are both serving life sentences without parole for the 1989 murders of their parents in Beverly Hills.
The brothers, who were 18 and 21 at the time, argued self-defense claiming their father sexually abused them and their mother knew and didn’t stop the abuse.
They used shotguns from a Big 5 store in San Diego to kill their parents.
A new Netflix documentary and drama are triggering calls for the men to be released from prison.
A resentencing hearing was scheduled to start on March 20th in Los Angeles but has since been postponed. No new date has been announced.
Governor Gavin Newsom has ordered the parole board to conduct a risk assessment into whether the brothers pose a risk to the public, if released. Newsom could order clemency for the two at any time.
Erik & Lyle Menendez prison rules violations
