LOS ANGELES (AP) — An attorney is seeking Erik Menendez’s release from prison because of a medical condition after he was taken to a hospital.

Erik Menendez remains in fair condition Tuesday after he was transported to a medical facility about a month before a scheduled parole hearing.

Erik Menendez has been hospitalized with kidney stones, according to his lawyer – who called for the release of the famed parent killer ahead of his August parole hearing. “It’s a serious condition,” his attorney Mark Geragos told TMZ of his 54-year-old client’s diagnosis.