SAN DIEGO (KGTV) — Erik and Lyle Menendez have been deemed a "moderate risk" to the community if released, according to a recent risk assessment completed by the California Board of Parole.
The assessment comes as the brothers seek freedom after serving three decades in prison for the murder of their parents.
Parole experts say this case represents uncharted territory, particularly because risk assessments aren't typically conducted for individuals who aren't eligible for parole, like the Menendez brothers, who are serving life without parole.
"It will have been a separate evaluation for each one, they'll be considered on their individual merit, not as a unit," said Laura Sheppard, a parole attorney.
Sheppard explained that a "moderate" risk assessment could lead to different outcomes.
"A low risk means the highest chance of a grant, a high risk psych assessment almost is 0% chance of a parole grant. A moderate is truly right in the middle there," Sheppard said.
Despite participating in numerous rehabilitation programs during their incarceration at Donovan Correctional Facility, both brothers have accumulated multiple violations over the years.
Both Erik and Lyle have been caught with cell phones while at Donovan. Erik has faced disciplinary action for assaulting another inmate and possessing tobacco. Lyle has been cited for refusing an order and having contraband items, including a lighter and Adidas shoes.
The risk assessment was requested as part of a separate clemency path that will ultimately be decided by Gov. Gavin Newsom.
James Davis, who served as chairman of the California Board of Parole Hearings during Arnold Schwarzenegger's governorship, noted the unusual nature of the case.
"The fact that the Menendez brothers are life prisoners is sort of unusual because normally that wouldn't be someone that the board would consider," Davis said.
Both Davis and Sheppard emphasized that a parole board's opinion carries significant weight, pointing out that those released by the Board of Parole Hearings have less than a 1% chance of reoffending.
"If the board of parole finds that these two men, or maybe one of them, either one of them, is suitable for release, that recommendation should carry a lot of weight with the governor," Sheppard said.
The judge overseeing the case has indicated he will consider some aspects of the risk assessment but noted that the information is preliminary, with a full risk assessment report expected to be completed next month.
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