Judge Considers Release of Tapes in Menendez Case : Courts: Recorded therapy sessions allegedly incriminate brothers in the murders of their parents. Defense says release would violate doctor-client privilege.

A Los Angeles Superior Court judge barred the public Friday from a hearing on whether to release audiotapes of psychotherapy sessions in which two brothers allegedly incriminated themselves in the deaths of their wealthy parents.

Judge James Albracht, who has been criticized by the defense for selectively releasing evidence in the case, said he is required by law to conduct proceedings regarding potentially confidential matters in private.

“We just cannot proceed in public when discussing matters subject to a claim of privilege,” the judge said at a hearing in Santa Monica.

Defense attorneys contend that the tapes are protected under laws that say doctor-patient discussions should remain confidential. They are seeking to prevent prosecutors from using the tapes as evidence.

Defense lawyer Gerald Chaleff said, “The law strictly states that when you deal with privileged material and you are discussing this material, it has to be done in closed session.”

The audiotapes are believed to be important prosecution evidence.

Lyle Menendez, 22, and his brother Erik, 19, are charged with killing their parents in order to inherit a $14-million estate. Both have pleaded not guilty and remain in custody without bail.

Although they were arrested and charged in March, no date has been set for a preliminary hearing to determine whether there is enough evidence to warrant a trial.

Jose Menendez, the head of a Van Nuys video distribution company, and his wife, Kitty, were shot to death Aug. 20 in the living room of their Beverly Hills mansion.

According to records released earlier this week, two shotguns were purchased two days before the killings from a San Diego sporting goods store by a young man who identified himself as Donovan Jay Goodreau, a former Princeton roommate of Lyle Menendez.

The federal firearms transaction form, released Wednesday, revealed that the buyer paid cash for the 12-gauge Mossbergs, costing $213.99 each, at a Big 5 store.

Goodreau reportedly maintains that his driver’s license--used for identification in the purchase of the weapons--was stolen and that he was not in California at the time of the purchase.

Although authorities say the weapons bought at the store were the type used in the killings, the shotguns have not been found.

The victims were hit by numerous shotgun blasts fired at close range.

If convicted, Lyle and Eric Menendez could be sentenced to die in the gas chamber.