High Court Orders Review of Menendez Case Ruling
The state Supreme Court on Wednesday ordered the state Court of Appeal in Los Angeles to review a Santa Monica judge’s decision to release tapes made by a Beverly Hills psychologist of his conversations with two brothers accused of killing their parents last year.
Defense attorneys for Lyle and Erik Menendez are seeking to suppress the tapes, which are considered key evidence, on grounds that they contain confidential therapist-patient communications.
Superior Court Judge James Albracht had ordered that the tapes be turned over to the prosecution for possible use at trial, saying that threats allegedly made by the brothers nullified any claim of privilege and that the psychologist, Jerome Oziel, had already divulged the tapes’ contents to his mistress. An appeals court had earlier refused to reconsider Albracht’s decision.
No date has been set for the review. The Menendez case is scheduled for a preliminary hearing Nov. 26.
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