Erik Menéndez is currently battling a “serious medical condition” while awaiting his parole hearing.

Menéndez’s attorney, Mark Geragos, made a public request for California Governor Gavin Newsom to release him immediately, telling TMZ on Tuesday, July 22, “I don’t want to let the cat out of the bag. Erik is having a serious medical condition right now. I am not going to violate HIPAA or attorney client privilege but if there is anybody that should be furloughed — especially right now a month before the hearing — it is Eric.”

Geragos, 67, confirmed that Menéndez, 54, is “being treated right now” amid the diagnosis.

“It is a serious condition and I think he needs to be out to focus on the hearing,” he continued. “I don’t want to get in the weeds of the medical condition but I think that is the appropriate thing to do.”

Erik and Lyle Menendez's Murder Trial: Where Are The Key Players Now?

When asked if Menéndez’s health scare is “life-threatening,” Geragos replied, “Hopefully not.”

“I just think it is a serious condition and he should be medically furloughed so he can work with the parole attorney and be up to speed and be ready,” the attorney continued. “It is the only fair and equitable thing to do.”

Shortly after news broke that Erik Menéndez is battling a “serious medical condition,” TMZ reported that he was undergoing treatment for kidney stones.

Geragos refused to answer whether Menéndez needed to be released to seek “better medical treatment.” His public plea came ahead of Erik and brother Lyle Menéndez‘s parole hearing. Erik and Lyle, 57, are both currently serving out their sentences in California’s Donovan Correctional Facility after being arrested in 1990 on two counts of first-degree murder. They became persons of interest after their parents, José and Kitty Menéndez, were found shot in their home.

Erik and Lyle ultimately admitted to killing their parents following years of alleged physical, emotional and sexual abuse. The Menéndez brothers were ultimately found guilty of first-degree murder and sentenced to life without parole in 1996 after two high-profile trials. While their prior attempts to appeal the decision were denied, recent projects such as Monsters, The Menéndez Brothers and more offered Erik and Lyle another chance at a resentencing.

Timeline of Erik, Lyle Menendez's Murder Case: From Arrest to Resentencing

“I do worry and I think it is important that the seriousness of my crime not be minimized or diminished,” Erik said in a Netflix documentary, which was released in October 2024. “I went to the only person that had ever helped me and that had ever protected me. Then ultimately this happened because of me. Because I went to him. Then afterwards, he was arrested because of me. Because I couldn’t live with what I did, I couldn’t. I wanted to die. In a way, I did not protect Lyle. I got him into every aspect of this tragedy. Every aspect of this tragedy is my fault.”

During a hearing in May, the brothers were resentenced to 50 years to life, which now makes them eligible for parole under California’s youthful offender law since they committed their crime under the age of 26. The state parole board must still decide whether to release them from prison.

A hearing is scheduled for August 21 and 22 but there is a chance that Newsom, 57, could seek to grant the brothers clemency. He has expressed plans to hold back on a decision until after the final hearing. Newsom, meanwhile, requested the parole board conduct a comprehensive risk assessment investigation into if Erik and Lyle could pose a risk to public safety in the event they are released.