as confidential patient-therapist communications. However, the California Court of Appeal ruled that the recordings were not protected. Some of the content was considered outside the privilege due to California’s Evidence Code, specifically the dangerous patient exception. Additionally, other parts were ruled not privileged because the court found that the discussions between the psychologist and the brothers took place in sessions that weren’t intended for therapy.” In August 1992, the California Supreme Court decided that two of Oziel’s recordings could be used in court due to the “dangerous patient” exception, but the other two couldn’t, including one where Erik confesses to the murders, because they were considered privileged communication. 1993: Trial - #1 July 20, 1993: The first trial beings. Defense Lawyer Robert Shapiro worked with the Menendez brothers very briefly before the brothers switched to Jill Lansing (Lyle’s attorney) and Leslie Abramson (Erik;s attorney). Robert Shapiro was a top L.A. defense lawyer and represented former NFL star O.J Simpson in his 1995 murder trial of which Simpson was found Not guilty of the murders of former partner, Nicole Brown Simpson and Ronald Lyle Goldman. They were put on trial together, but each had their own jury since some evidence could only be used against one brother and not the other, as reported by the Washington Post. Both brothers shared their experiences of the sexual abuse they faced. Interestingly, the trial was shown on CourtTV. According to John D. Rogers law office, the Menendez brothers’ trial stood out for a few reasons. One big factor was the extensive media attention it got. It was broadcasted on national TV and captured the interest of the American public. Another key point was the introduction of the ‘extreme emotional disturbance’ defense, which was pretty new back then and hadn’t been seen in many previous cases. Plus, it was the first time the abuse defense was brought up in a murder trial. 1994: Mistrial January 28, 1994: They were first tried separately with one jury for each brother. However, both juries deadlocked, resulting in a mistrial. The jury informed the judge that they were completely stuck, according to the Washington Post. The New York Times mentioned that the jurors said the main issue causing their confusion was figuring out how badly the brothers had been mistreated and whether that mistreatment was enough to justify what they did. 1995: Trial #2 During their second, joint trial, the judge excluded evidences of abuse from their defence case. A jury found them guilty and the pair were convicted of first-degree murder and conspiracy to murder in 1996. 1996: Conviction and sentencing On July 2, 1996, Erik and Lyle were both sentenced to life imprisonment without the possibility of parole. As the trial wrapped up, Judge Stanley M. Weisberg decided that the ‘abuse excuse’ defense was off the table. This meant the jurors had to choose between completely acquitting the brothers or finding them guilty of murder, according to the New York Times. At that time, Time noted that the jury sided with the prosecution, believing the brothers killed their parents to access the family wealth, and dismissed the defense’s claim that the murders were a reaction to abuse. SPECIAL FEATURE 41 Where are the Menendez brothers now? The brothers have been fighting their conviction since they were sentenced. They were locked up in different prisons until February 2018, when Lyle got transferred from Mule Creek State Prison to the same place Erik was at, the Richard J. Donovan Correctional Facility. They finally got to see each other again in April 2018. While serving their time, both brothers got married. Lyle has been married twice: first to Anna Eriksson in 1996, but they split in 2001, and then to Rebecca Sneed in 2003. Erik tied the knot with Tammi Saccoman in 1999. Tammi shared with NBC in 2005, “I wrote him a letter, he replied, and then I went to visit him in prison, and that’s how we started our relationship.” In 2023, they went ahead and filed for a new hearing, citing new evidence: Roy Rosselló, a former member of the boy band Menudo, claimed that Jose Menendez had assaulted him during his teenage years. Lyle is currently 56, while Erik is 53.
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