Controversial breach of psychologist-patient confidentiality by the Menendez brothers’ therapist

Experts discuss with media reports how a key issue in the Menendez brothers’ trial was the therapist’s contentious violation of psychologist-patient confidentiality in recording Erik Menendez‘s admission to his parents’ deaths.

While Lyle Menendez, 21, and Erik Menendez, 18, acknowledged shooting their parents to death, they maintained that their actions were motivated by fear that their father, who had been abusing Erik sexually for years, would murder them in order to conceal the abuse.

The two shot their father Jose Menendez five times, once with a shotgun pointed at the back of his head at close range. Kitty Menendez, their mother, was shot in the thigh, hip, arm, and chest. Lyle pulled a shotgun in their Beverly Hills home, struck her in the face, and then reloaded as she tried to crawl away.

Lawyers Should Have Advised the Psychologist Before the Menendez Disclosure

He said that before disclosing any patient information, psychiatrist Dr. Jerome Oziel, who was engaged in the Menendez case, ought to have spoken with an attorney to see if doing so would breach patient privilege.

Lew underlined that information exchanged between a psychiatrist and patient is very sensitive and should be properly secured. There are, however, several exceptions to this secrecy, especially in cases when a patient presents an immediate risk.

“If a psychiatrist receives information from a patient indicating they are about to commit a crime, there can be a reasonable argument that disclosure becomes necessary,” Lew said.

Lew said that the issue gets more complicated in high-profile instances like the Menendez brothers, where the crime has already been committed.

He clarified, “There is not the same immediate urgency or need for action when a serious crime has already been committed as there would be if someone were in imminent danger of being harmed.” He also said that after a crime has been committed, the urgency driving disclosure wanes.

In the event that their medical information is disclosed, a patient may file a lawsuit to get damages.

“An person or patient may bring a lawsuit to recoup losses they believe were caused by unlawful or improper publication of their health information. Both federal and state law permit you to pursue this,” Lew said.

The Trials of the Menendez Brothers

Because of their father’s ties as a well-known entertainment entrepreneur, the brothers first accused the mafia, but the brutality of the killing revealed a more personal and emotionally motivated reason.

Lyle and Erik Menendez were accused of killing their parents in 1989 in the first Menendez brothers’ trial, which got underway in 1993. At the conclusion of the trial, the jury could not decide whether the brothers had committed murder or had acted out of fear, leaving them in a stalemate. This resulted in a mistrial, which prepared the way for a follow-up trial in 1995.

The court in the second trial severely restricted the defense’s use of the abuse accusations, in contrast to the previous trial when charges of sexual abuse played a major role.

Lyle and Erik were found guilty by the jury of first-degree murder and murderous conspiracy. They received a life sentence without the chance of release.

Thirty years later, fresh evidence has surfaced via a habeas corpus petition, which may lead to the Menendez brothers receiving a different sentence.

Investigative journalist Robert Rand, who has been following the Menendez brothers’ case since the day of the deaths, revealed to a media report that he found a letter that was written nine months before the killings. Erik, then 17 years old, told his 15-year-old cousin about his father’s continued sexual assault of him.

The letter may now alter the sentence even though it was never presented at the trial or evidence hearing in the 1990s.

The District Attorney has until the end of September to carry out the resentencing or, if they discover adequate reasons, they may seek a 90-day extension. The District Attorney has not yet responded to the responses Superior Court Judge George Ryan handed over.

The Disclosure

Rand gave the media report a thorough description of what happened the day Erik admitted to killing his parents.

The reporter revealed to media report On October 31, 1989, Erik came clean to Dr. Jerome Oziel about the horrible reality behind the killings of Jose and Kitty, and Lyle was summoned to the therapist’s office to provide confirmation.

Following an hour or so, Lyle informed Erik that they were heading away and that he would no longer be speaking with Oziel. Before getting into the elevator, Lyle shook hands with the doctor and said, “Good luck,” which Oziel took to mean that he was going to threaten him.

Oziel revealed the confession to Judalon Smyth, his mistress. A few months later, Smyth gave the terrifying facts of the killings to the police.

“Judalon Smyth, the mistress of Dr. Oziel, was the person who cracked the case, and she went to the Beverly Hills Police Department after Dr. Oziel had moved her into his house in LA,” Rand said.

Oziel testified at the brothers’ first trial in 1993, hiding his violation of patient confidentiality. He said that on the day Erik confessed, he felt frightened by Lyle.

“Jerry Oziel was trying to cover up that he had pillow talk to his girlfriend about the confession, breaking confidentiality himself,” Rand said.

When accusations of intimidation hinged on Lyle’s handshake, this infraction created controversy.

Oziel captured an audio clip throughout the session, and the matter was eventually examined by the California Supreme Court. The defense may have contested the prosecution’s ability to establish the brothers’ guilt in the absence of that crucial piece of evidence if the court had declared the recording inadmissible.

Rather, the court determined that Oziel’s violation of confidence was warranted since he had received real threats.

Rand added, “I don’t believe that Lyle Menendez ever threatened Dr. Oziel.” Rand has talked with the brothers and built a rapport with them over time.

The consequences of patient privilege were in doubt as court cases developed.

Prosecutor David Conn declined to invite Dr. Oziel to testify at the second trial. Rather than that, he listened to the brothers’ taped confessions of murder.

Monsters: The Lyle and Erik Menendez Story, a new Netflix series, premiered on Thursday and immediately gained popularity, especially because of the complicated connection between the brothers and Oziel’s lover.

Judalon Smyth’s Relationship with Dr. Oziel

In June 1989, Smyth contacted Oziel’s firm, the Phobia Institute, to ask about counseling services, according to Board of Psychology public records. Despite the doctor’s marital status, the two started having sex a few months later.

Between October 31, 1989, and March 1990, Oziel gave Smyth information that he had received in trust from other patients. He informed her that he thought his clients Lyle and Erik would confess to murdering their parents.

He “encouraged and allowed” Smyth to participate in the therapy sessions he led with the boys, and he also gave her permission to record and replay those sessions on audiotape.

Oziel allowed Smyth to stay in his Los Angeles house at this period. He abused her physically and sexually while she was living there, made threats to have her taken to a mental health facility, and had her sign a $5,000 promissory note.

Additionally, Oziel gave Smyth access to tranquilizers and other prescription drugs without a doctor’s note or supervision, including Xanax and Prozac.

“He was threatening her with physical injury and placing his hands around her throat, attempting to choke her,” according to the papers. “He took a strong tug on her hair. He compelled her to engage in sexual activity with him that same day.”

Driven by fury, Smyth brought the disturbing story of the killings to the Beverly Hills Police Department.

Oziel acknowledged having a contact with Smyth to investigators from the medical board in 1991.

Oziel was accused by the California Board of Psychology of unlawfully providing Smyth with information on the Menendez brothers’ case, which prompted him to resign his license rather than face the charges in court.

They also charged him with prescribing harmful medications and engaging in sexual misconduct with female patients.

Not long after he started holding seminars to assist women in creating more satisfying personal relationships, Oziel lost his license to practice psychology in 1997.