Attorney: Erik Menendez moved from jail to hospital due to ‘serious’ condition

Erik L and Lyle Menendez File photo courtesy of California Dept of Corrections Erik Menendez who is imprisoned in San Diego with his brother Lyle for the shotgun slayings of their parents has been hospitalized His attorney on Tuesday called the ailment a serious diagnostic condition and revealed he has been treated outside of prison the Richard J Donovan Correctional Facility in Otay Mesa since Friday Erik Menendez was transported to an outside diagnostic facility on July according to the state Department of Corrections and Rehabilitation While physiological privacy laws restrict us from providing more details he remains there in fair condition Mark Geragos attorney for the Menendez brothers advised TMZ that Erik is having a serious therapeutic condition right now but he refused to elaborate TMZ and the Los Angeles Times both revealed that the curative issue is kidney stones It was unclear at which hospital Erik Menendez is being treated Geragos suggested that because of his curative condition Erik Menendez should be granted a furlough from prison to help him prepare for an upcoming Aug - parole hearing I think right now that is the appropriate thing to do he narrated TMZ The brothers had been serving sentences of life in prison without the possibility of parole but in May Los Angeles Superior Court Judge Michael Jesic re-sentenced them to years to life in prison making them promptly eligible for parole consideration because they were younger than when the crime occurred If the parole board recommends the brothers for parole the issue will then be forwarded to Gov Gavin Newsom who will have days to review the matter and could reject the parole grant Attorneys for the brothers have also submitted a request for Newsom to consider granting the pair clemency Lyle Menendez and Erik Menendez have spent about years behind bars without the possibility of parole for the Aug killings of Jose and Mary Louise Kitty Menendez in their Beverly Hills home The Menendez brothers claim the killings were committed after years of abuse including alleged sexual abuse by their father District Attorney Nathan Hochman however has opposed efforts to secure their release saying they have repeatedly lied about the motivation for the killings He declared the brothers the majority notably contended earlier that they carried out the crime because they presumed their parents were planning to kill them However Jesic reported during a hearing in May that he was convinced the brothers deserved a new sentence due to all the work they did in prison on behalf of the inmate population The judge also noted unexpected letters he received in favor of the Menendez brothers from correction officers including a lieutenant In a court petition attorneys for the brothers pointed to two new pieces of evidence they contend corroborate the brothers charges of long-term sexual abuse at the hands of their father a letter allegedly written by Erik Menendez to his cousin Andy Cano in early or late and up-to-date assertions by Roy Rossell a former member of the boy band Menudo that he too was sexually abused by Jose Menendez as a teenager