Court Hears Appeal on Menendez Tapes

A state appeals court heard arguments behind closed doors Wednesday on whether audio recordings made by a Beverly Hills psychologist can be used in the trial of two patients, brothers who are accused of murdering their parents last year.

Reporters were barred from the proceedings at the request of defense attorneys for Lyle and Erik Menendez, who maintain that the tapes are privileged therapist-patient communications. Prosecutors say that the brothers’ right to confidentiality disappeared when they allegedly threatened the psychologist’s life.

A Santa Monica judge has ruled that the tapes may be used as evidence. However, defense attorneys appealed to the state Supreme Court, which ordered the 2nd District Court of Appeal to review the issue. The three-man panel received lengthy briefs and heard an hour of arguments Wednesday, but did not issue a ruling.