Erik Menendez is on the mend after going under the knife for kidney stones ... TMZ has learned.
A rep for the California Department of Corrections and Rehabilitation tells TMZ ... Erik was transported to an outside medical facility on September 26. They tell us he's since been discharged and is back at Richard J. Donovan Correctional Facility in San Diego, where he remains in good condition.
A source confirmed to us Erik received treatment for kidney stones.
Los Angeles County District Attorney Nathan Hochman spoke at a press conference Tuesday after Erik and Lyle Menendez failed to prove they deserved a new trial ... Hochman had previously condemned the bid as a "Hail Mary" attempt.
The top prosecutor reiterated many of his past sentiments, defining his stance of opposing parole for the brothers ... and once again slamming their self-defense strategy as a "bold-faced lie" given the evidence.
He also confirmed he hasn't spoken to Erik and Lyle's extended family following the judge's decision.
Erik and Lyle Menendez's last-ditch effort to get a new trial following their parole denials was unsuccessful ... as a Los Angeles judge has shut down their retrial request.
L.A. County Superior Court Judge William Ryan denied the Menendez brothers' legal challenge, explaining his reason in a 17-page response, saying the alleged new evidence -- seemingly proving the murder convictions were unfair -- is not "particularly strong," in documents obtained by TMZ.
He wrote ... "The evidence alleged here is not so compelling that it would have produced a reasonable doubt in the mind of at least one juror or supportive of an imperfect self-defense instruction."
Cooper Koch is up for an Emmy for his role in "Monsters: The Lyle and Erik Menendez Story" ... and, he shared a message from Lyle Menendez on the awards show red carpet.
The actor told Variety on the red carpet ... Lyle did reach out to him before the Emmy Awards with a sweet message -- but, also reminded him not to make it about the accolade.
Koch says Lyle told him, "All that matters is the awareness."
The California Parole Board was more of a kangaroo court and the entire hearing was rigged against Erik and Lyle Menendez ... so claims their lawyer, Mark Geragos.
Geragos was hot under the collar on the "2 Angry Men" podcast, recorded late Friday ... saying the Board had it out for Erik and Lyle from the jump. Geragos groused the Board ignored the good deeds of Erik and Lyle and focused on ridiculous infractions that meant nothing, in order to justify its decision.
For example ... Geragos scoffed at the Board making a huge deal that both Erik and Lyle had contraband cell phones. The Board said it showed the brothers were still a threat, but Geragos says the way prisoners get these phones is by prison guards selling them to the inmates.
Lyle Menendez got the same treatment from the parole board as his brother Erik ... his bid for freedom was just denied for 3 years!
The California Board of Parole handed down its decision Friday after Lyle answered hours of personal questions from various parole commissioners and a ton of his family members spoke on his behalf.
This isn't the end for Lyle, though -- he’ll be considered for an administrative review within a year, and he could be moved up to a hearing as soon as 18 months.
Erik Menendez's daughter Talia Menendez erupted with fury after a California parole board declined to grant him parole ... and she went off on celebrities she accuses of staying silent amid her family's fight for his freedom.
Peep Talia's Instagram Story posts from Thursday night -- she threatens that Hell is "about to break loose" and calls the board "money hungry media feeding pieces of trash" after the decision was released.
She's got several slides of colorful words ... and as mentioned, goes after celebrities she accused of being "way too quiet" over Erik and brother Lyle's journey to their parole board hearings.
Erik Menendez's dream of walking free after spending decades behind bars for the shotgun murders of his parents just went up in smoke ... he's been denied parole!
The California parole board's decision was handed down Thursday night after a marathon hearing in which Erik told what happened that fateful night and gave a window into his life behind bars. Eighteen members of Erik's family also gave statements on his behalf, but none of it could convince the board to release him.
Board of Parole Commissioner Robert Barton said he believes Erik still poses an unreasonable risk to public safety. Barton cited Erik's criminal behavior at the time of the 1989 murders and his past burglaries, as well as his cover up of the slayings with his brother, Lyle, who was also convicted of killing their parents.
Erik Menendez's stepdaughter Talia is speaking out amid his marathon parole hearing Thursday in California.
Talia -- who's the daughter of Erik's wife Tammi -- hopped on Instagram this afternoon to tell fans she has no update yet other than to say she's "just as anxious" as everyone else about the hearing's outcome. As you know, Erik and his brother Lyle were convicted decades ago for the shotgun murders of their parents, Kitty and Jose Menendez.
Talia is a huge advocate for Erik and Lyle and constantly writes in support of them on her Instagram account. In July, she posted about Erik's kidney stones, saying he was recovering from a 2nd surgery related to his health issue.
The Menendez brothers' family is optimistic about their parole hearings this week ... but, they're not counting Erik and Lyle before they're released.
The Justice for Erik and Lyle Coalition -- a group made up of their family members who have advocated on their behalf publicly over the last year -- released a statement Wednesday ahead of Erik's Thursday parole hearing and Lyle's Friday hearing.
The family says they remain "cautiously optimistic" ... but, they add they know the parole process in California is grueling -- so, they aren't letting their hopes get too high. They say Erik and Lyle are ready for the scrutiny of their respective parole hearings.
The Menendez brothers are making a last-ditch effort to get a new trial, and none of what they've presented is compelling enough to get them one ... so says the Los Angeles County District Attorney.
The D.A.'s Office filed a 132-page response to the writ of habeas corpus submitted on behalf of Erik and Lyle,in which the office ripped into their attempt to get a new trial based on two pieces of what they call "new evidence" in the case.
The D.A.'s argument is focused on the premeditated nature of the murders ... writing, "There are few murder cases in which the evidence of planning and premeditation is as stark as that presented in this case."
Erik Menendez doesn't sound like he's getting the prison furlough he was hoping for ... because he's back behind bars after painful kidney stones sent him to the hospital.
Erik's daughter, Talia, shared an update on social media ... saying, "My dad is out of the hospital and back at the prison, preparing for our upcoming parole hearing."
We broke the story ... Erik left his state prison in San Diego last month and went to a hospital to undergo several surgeries to remove kidney stones.
Erik Menendez has undergone a second "successful" surgery for complications related to his kidney stones ... and is expected to go back under the knife soon -- this, according to his daughter, Talia.
Talia posted the medical update late Wednesday evening on an Instagram account she runs on behalf of her father through marriage, explaining he needed surgery due to his kidneys "having multiple large stones."
Talia -- daughter of Erik and Tammi Menendez -- added Erik is "currently in pain and feeling nauseous, but is recovering" and that the family is under a great deal of stress over the medical scare.
Erik Menendez is not in prison right now ... he is in a nearby hospital being treated for kidney stones, and it's possible he will not return ... sources with direct knowledge tell TMZ.
TMZ.com
We broke the story ... Erik is being treated with what his lawyer Mark Geragos called a "serious medical condition." We have confirmed that the condition is kidney stones.
The California Department of Corrections and Rehabilitation confirms Erik was transported to an outside medical facility Friday ... and we're told he is currently in fair condition.
12:49 PM PT -- Erik Menendez is undergoing treatment for kidney stones ... TMZ has confirmed.
Erik Menendez is battling a health issue that is so serious his lawyer is asking California Governor Gavin Newsom to release him immediately, ahead of next month's parole hearing.
Attorney Mark Geragos was on "TMZ Live" Tuesday and told Harvey Erik's medical condition is "serious" ... serious enough to warrant immediate action by the Governor.
Geragos said Erik is getting treatment in prison, but -- although Geragos wouldn't say -- it seems treatment by specialists outside the prison would be appropriate and possibly essential.
This is a BIG DEAL ... the judge in the Menendez case says the new evidence unearthed in the murder case -- if true -- makes a compelling case to throw out their convictions ... which would mean they could be released even without a parole board hearing.
TMZ.com
According to new court documents, obtained by TMZ, L.A. County Superior Court Judge William C. Ryan, has reviewed the 2 pieces of new evidence -- the first is a letter purporting to be from Erik Menendez to his cousin, Andy Cano, which would corroborate Cano's testimony about Jose Menendez molesting Erik.
The second piece of evidence -- a declaration from Roy Rossello, a former member of Menudo, who claims he was anally raped and orally copulated by Jose in either 1983 or 1984. This declaration, according to Menendez attorney Mark Geragos, shows the prosecution was off base in characterizing Jose as "not the kind of man" who would abuse his children. Also, the judge in the murder trial severely limited testimony about alleged sexual abuse.
