Major update in Menendez brothers' case after new evidence came to light 35 years into incarceration

Erik Menendez's fate has been revealed after he became eligible for parole earlier this year.

Erik and his brother Lyle were convicted for the 1989 murders of their parents, Jose and Kitty.

The pair were sentenced to life in prison without the possibility of parole in 1996, but all this changed in May when a judge ruled that they could now be freed.

Both Lyle and Erik have long argued that they killed their parents in self-defense after being subjected to years of sexual abuse. New evidence shared last year backed their claims which sparked the pair to be resentenced.

The evidence was a letter that Erik penned to his cousin in 1988 which detailed the alleged abuse he was suffering at the hands of his father.

Erik and Lyle Menendez pictured at a pre-trial hearing in 1992 (VINCE BUCCI/AFP via Getty Images)

The note read: "I’ve been trying to avoid dad. It's still happening Andy but it's worse for me now. I never know when it's going to happen and its driving me crazy. Every night I stay up thinking he might come in."

LA County Superior Court judge granted them a new sentence of 50 years to life and they became immediately eligible for parole.

While things seem to be taking at positive turn for the Menendez brothers, they've since suffered a setback after Erik was denied parole yesterday (August 21).

Parole board commissioner Robert Barton listened to testimony for more than 10 hours with a panel, BBC News reports, before ruling that Erik wasn't ready for release yet.

Barton told Erik at the hearing: "I believe in redemption, or I wouldn't be doing this job, but based on the legal standards, we find that you continue to pose an unreasonable risk to public safety."

Mugshots of Erik taken in 2000 and 2002 (Kypros/Getty Images)

It's said that the board took issue with Erik's violations in prison and past criminal activity before killing his parents.

While behind bars, Erik has been in hot water for being involved in prison brawls and has been found with contraband on several occasions which have included a cell phone, art supplies and tobacco.

Noting this, Barton went on to tell the convicted criminal at yesterday's hearing: "Contrary to your supporters' beliefs, you have not been a model prisoner and frankly, we find that a little disturbing."

He continued to urge Erik to 'take to heart what we discussed' instead of having 'a pity party'.

In a statement, the Menendez family said: "While we respect the decision, today’s outcome was of course disappointing and not what we hoped for.

"But our belief in Erik remains unwavering and we know he will take the Board’s recommendation in stride.

"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 is able to return home soon."

The 54-year-old can reapply for parole in three years time.

Lyle, 57, is set to appear before a different parole board panel today (22 August).