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Judge Delays Hearing in Menendez Case

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A Beverly Hills judge on Monday delayed the start of a preliminary hearing in the murder case against brothers Lyle and Erik Menendez while a state appeals court decides whether tapes made by their psychologist can be used as evidence against them.

Municipal Court Judge Charles Rubin said he will set a date for the hearing Dec. 14, a week after the 2nd District Court of Appeal holds a closed hearing on the tapes issue. The losing side is expected to appeal to the state Supreme Court, so lawyers do not expect the trial to begin before spring.

The brothers are charged with killing their parents, entertainment industry executive Jose Menendez and his wife, Kitty, last year.

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The tapes, which a Santa Monica judge ruled are not privileged doctor-patient communications, include several cassettes dictated by Beverly Hills psychologist Jerome Oziel and one cassette said to include the brothers’ voices.

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