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Appeals Court Refuses to Withhold Menendez Tape

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An appeals court Thursday denied a defense bid to block prosecutors from taking possession of a psychologist’s audiotapes on which the Menendez brothers allegedly made statements that may hurt their case.

The 2nd District Court of Appeal, however, stayed its order for 10 days to give defense attorneys an opportunity to pursue their appeal to the California Supreme Court.

Until then, at least, prosecutors cannot take possession of the tapes, which are considered key evidence in the case and remain locked in a court safe.

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The defense is seeking a reversal of a lower court ruling giving prosecutors access to the tapes, which were made by a psychologist who counseled Erik Menendez, 19, and his brother, Lyle, 22, after the Aug. 20, 1989, murders of their parents in the family’s Beverly Hills mansion.

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