Experts talk to Newsweek about how the controversial breach of psychologist-patient confidentiality by the Menendez brothers’ therapist, who recorded Erik Menendez’s confession to his parents’ murder, became a central issue in their trials.

Lyle Menendez, 21, and Erik Menendez, 18, admitted shooting their parents but claimed they acted out of fear that their father, who had sexually abused Erik for years, would kill them to keep the abuse a secret.

The pair shot their father, Jose Menendez, five times, including once at close range with a shotgun aimed at the back of his head. Their mother, Kitty Menendez, was shot in the chest, arm, hip and leg. As she tried to crawl away, Lyle reloaded her shotgun and shot her in the face with a shotgun in their Beverly Hills home.

A total of 14 shots were fired.

Psychologist should have consulted lawyers before Menendez revelation

Newsweek spoke with Jin Lew, an attorney who represents patients in personal injury and medical malpractice cases.

He argued that psychiatrist Dr. Jerome Oziel, who was involved in the Menendez case, should have consulted with an attorney before disclosing patient information to determine whether doing so would violate the patient’s right to confidentiality.

Lew emphasized the heightened sensitivity of information shared within a psychiatrist-patient relationship, noting that it must be strictly protected. There are exceptions to this confidentiality, however, particularly when a patient poses an imminent threat.

“If a psychiatrist receives information from a patient that suggests he or she is about to commit a crime, there may be a reasonable argument that disclosure is necessary,” Lew said.

Lew pointed out that the situation is more complex in high-profile cases like that of the Menendez brothers, where the crime had already been committed.

“When a serious crime has already been committed, there is not the same urgency or need to take action as when someone is in imminent danger,” he explained, adding that the urgency to make information public diminishes once the crime has occurred.

A patient can take legal action to obtain compensation for the disclosure of his/her medical information.

“The individual or patient can file a lawsuit to seek damages resulting from the unauthorized or illegal disclosure of their medical information. You can pursue this under both federal and state law,” Lew said.

The Menendez Brothers Trials

Initially, the brothers blamed the Mafia, due to their father’s connections as a well-known entertainment executive. However, the brutality of the crime suggested that the motive was more personal and emotional.

In the first Menendez brothers trial, which began in 1993, Lyle and Erik Menendez were charged with the 1989 murder of their parents. The trial ended with two juries unable to agree on whether the brothers were guilty of murder or acted out of fear. This led to a mistrial and set the stage for a second trial in 1995.

Unlike the first trial, which centered on allegations of sexual abuse, the judge in the second trial significantly limited the defense’s ability to use allegations of abuse.

The jury convicted both Lyle and Erik of first-degree murder and conspiracy to commit murder. They were sentenced to life in prison without the possibility of parole.

Now, 30 years later, new evidence has surfaced through a habeas corpus petition that could potentially lead to a new sentence for the Menendez brothers.

Robert Rand, an investigative journalist who has been following the Menendez brothers case since the day after the murders, told Newsweek He discovered a letter written nine months before the murders. 17-year-old Erik told his 15-year-old cousin about the ongoing sexual abuse by his father.

The letter was never released at a trial or other hearing in the 1990s, but it could now change the sentence.

The prosecutor has not yet responded to the answers sent by Judge George Ryan of the court, but they have until the end of September to impose the new sentence. If they find sufficient grounds, they can request a 90-day extension.

The Confession

Edge provided Newsweek with a detailed account of what happened on the day Erik confessed to the murder of his parents.

The journalist said Newsweek Erik confessed his actions to Dr. Jerome Oziel, revealing the dark truth behind the murders of Kitty and Jose. Lyle was called to the therapist on October 31, 1989 to confirm this.

After about an hour, Lyle told Erik they were leaving, adding that he would no longer speak to Oziel. Just before entering the elevator, Lyle shook the doctor’s hand and wished him “Good luck,” a gesture Oziel later interpreted as a threat.

Oziel confided the confession to his mistress, Judalon Smyth. Several months later, Smyth went to the police with the chilling details of the murders.

“Judalon Smyth, Dr. Oziel’s mistress, was the one who solved the case and she went to the Beverly Hills police station after Dr. Oziel moved her into his LA home,” Rand said.

Newsweek requested the original police statement from the Beverly Hills Police Department.

To hide his breach of patient confidentiality, Oziel testified at the brothers’ first trial in 1993, saying he felt threatened by Lyle on the same day Erik confessed.

“Jerry Oziel tried to hide the fact that he had talked to his girlfriend about the confession in bed, thereby violating confidentiality,” Rand said.

The violation sparked controversy when Lyle’s handshake played a key role in allegations of harassment.

The California Supreme Court eventually reviewed the case after Oziel recorded an audiotape of the session. If the court had ruled the tape inadmissible, the defense could have sued the prosecution to prove the brothers’ guilt without that key evidence.

Instead, the court ruled that Oziel had been legitimately threatened, justifying his breach of confidentiality.

Rand, who has spoken to the brothers and built a relationship with them over the years, said, “I do not believe Lyle Menendez ever threatened Dr. Oziel.”

As the legal battle unfolded, the implications of patient privilege remained uncertain.

Newsweek has filed a petition with the California Supreme Court, but the Supreme Court has not yet responded.

In the second trial, prosecutor David Conn chose not to call Dr. Oziel. Instead, he played the tapes in which the brothers confessed to the murder.

The Netflix series Monsters: The Story of Lyle and Erik Menendez premiered on Thursday and quickly caused a stir, especially over the complicated relationship between the brothers, Oziel and his mistress.

Dr. Oziel’s Relationship with Judalon Smyth

According to public records from the Board of Psychology, Smyth contacted Oziel’s practice, the Phobia Institute, in June 1989 to inquire about counseling services. Months later, the two began a sexual relationship, despite the fact that the doctor was married.

From October 31, 1989, to March 1990, Oziel passed on to Smyth information he had received in professional confidence from other patients. He told her that he believed his clients, Erik and Lyle, would confess to the murder of their parents.

He encouraged Smyth and allowed her to listen in on the therapy sessions he conducted with the brothers, and he also allowed her to record and reproduce the sessions.

During this time, Oziel had Smyth live with his family in Los Angeles. While she was living there, he threatened to have her committed to a psychiatric institution, forced her to sign a $5,000 promissory note, and physically and sexually abused her.

Oziel also supplied Smyth with tranquilizers and other illegal drugs, including Xanax and Prozac, without medical prescription or supervision.

“He threatened her with physical harm and put his hands around her throat, attempting to strangle her,” the documents said. “He pulled her hair with great force. On the same day, he forced her to have sexual intercourse with him.”

Furious, Smyth went to the Beverly Hills police station with the disturbing story of the murders.

In 1991, Oziel admitted to medical examiners that he had had an affair with Smyth.

The California Board of Psychology accused Oziel of improperly sharing information about the Menendez brothers’ case with Smyth, prompting Oziel to surrender his license rather than fight the charges in court.

They also accused him of sexual misconduct with female patients and providing dangerous drugs.

Oziel lost his license to practice psychology in 1997, shortly after he began teaching seminars to help women build more fulfilling personal relationships.

Newsweek has contacted both Oziel and Smyth, but they have not yet responded.

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