Erik Menendez has been hospitalised, prompting his attorney to seek his release from prison ahead of an upcoming parole hearing.

The 57-year-old had been serving a sentence of life without parole along with his brother Lyle Menendez after being convicted of murdering their parents in their California home in 1989.

A judge recently resentenced the brothers to 50 years to life, making them immediately eligible for parole.

They will appear in front of the state parole board in late August; if the board determines they are eligible for parole, Governor of California Gavin Newsom must review the decision before they are released.

The California Department of Corrections and Rehabilitation confirmed Erik Menendez was taken to an outside medical facility last week and remained there until today “in fair condition.”

His lawyer, Mark Geragos, told TMZ that Menendez was having a “serious medical condition” and should receive a prison furlough, something the governor granted some inmates during the COVID-19 pandemic.

Geragos did not elaborate on the condition, but he said releasing Menendez was the “only fair and equitable thing to do” so he had time to prepare for his parole hearing properly.”

Geragos’ office confirmed his comments to TMZ but did not make him available for an interview.

Newsom’s office and a representative for the family declined to comment.

A judge last week ordered Los Angeles prosecutors to explain why Erik and Lyle Menendez’s murder convictions should not be reexamined in light of new evidence supporting their claims of sexual abuse by their father.

While defence attorneys at the time argued the brothers acted out of self-defence after years of sexual abuse by their father, prosecutors said the brothers killed their parents for a multimillion-dollar inheritance.

The order was in response to a habeas corpus petition filed by the Menendez brothers in May 2023 seeking a review of their convictions in a process separate from their resentencing bid.