Court Blocks Use of Menendez Tape : Slayings: An appeals panel temporarily stays release of brothers’ alleged confession to a psychologist that they killed their parents. Prosecutors may request a review.

A state appeals court Tuesday temporarily blocked the release to prosecutors of a psychologist’s audiotapes on which two brothers allegedly confess to murdering their wealthy parents.

The order by the 2nd District Court of Appeal in Los Angeles is a major victory for attorneys representing Lyle and Erik Menendez, who are accused of shooting their parents to death last year in the family’s Beverly Hills mansion.

“We’re delighted by the ruling,” said Gerald Chaleff, attorney for Lyle Menendez, 22.

Santa Monica Superior Court Judge James Albracht ruled last week that none of the conversations between Lyle Menendez, his brother Erik, 19, and psychologist James Oziel were privileged and that, therefore, the audiotapes could be used as evidence against them.

After a series of closed-door hearings over several months, Albracht found that Oziel had “reasonable cause to believe” the brothers “constituted a threat and it was necessary to disclose those communications to prevent a danger.”

Communications between a therapist and patients are usually considered confidential, unless they involve threats or have been disclosed to a third person.

In issuing the stay, a three-judge panel allowed prosecutors until Aug. 24 to file opposing arguments. The appellate court could then schedule a hearing on the issue, but the order postponing Albracht’s decision gave no indication of when a final ruling might be issued.

The district attorney’s office has already heard the tapes, and Albracht’s order would have cleared the way for their use at trial.

A district attorney’s spokeswoman said the appellate court order is not necessarily a “big problem” since the preliminary hearing is scheduled more than two months away, on Oct. 22.

The tapes include conversations between the brothers and Oziel and one psychotherapy session. Prosecutors consider the tapes key evidence, “but not crucial” to the case.

In another development Tuesday, it was learned that Erik Menendez has refused to give authorities a handwriting sample, despite a warning that his refusal may be used as evidence. Prosecutors want to compare the brothers’ handwriting to that found on records used to buy two shotguns in San Diego.

“I don’t think they have a right (to a sample) when it’s already known beforehand that they are going to misuse it,” the defendant’s attorney, Leslie Abramson, said.

She said she did not think Erik’s refusal would hurt his case.

“I think he will be in a position to explain why, that he knew it was a setup,” Abramson said.

Deputy Dist. Atty. Elliott Alhadeff said he believes the refusal will help the prosecution.

“I think it’s a very, very big deal,” he said.

The brothers are charged with the Aug. 20, 1989, shotgun slayings of Jose and Kitty Menendez. Jose Menendez, a Cuban immigrant, headed a video and music distribution firm that is a subsidiary of Carolco Pictures.

Prosecutors believe the brothers killed their parents in hopes of splitting a $14-million estate.

The two young men are being held without bail and could face the death penalty if convicted.