The Courier-News from Bridgewater, New Jersey • Page 5

THE COURIER-NEWSFriday, March 29, 1991 A-5 NATION Tapes: Hatred inspired former N.J. brothers to kill parents with the Menendez boys since people who did seemed to die a lot and always with shotgun shells around." When Lyle asked if he was frightened, Oziel replied that ordinarily he did not choose to live in fear, the decision said. "Lyle looked at me coldly and said, 'Neither did my according to Oziel. Lyle and Erik Menendez lived with their parents in a succession of Princeton-area homes throughout their teen-age years. From a house they rented in West Windsor in 1977, the family relocated ixvn voaro lata st tha 171m iy yd op- I i tr it" will unfold at trial.

Three of the audiocassettes consist of notes dictated by Oziel after therapy sessions with the brothers Oct. 31, Nov. 2 and Nov. 28, 1989, while the fourth records an actual session Dec. 11, 1989.

Yesterday's decision by the 3-member appeals panel did not clearly identify which statements on the tapes were made by the brothers or by Oziel. The tapes, seized from Oziel's home the day of Lyle Mendendez's arrest, are the key prosecution evidence against the pair in the shotgun slayings of entertainment executive Jose Menendez and his wife, Kitty. The couple was shot at close range on the evening of August 20, 1989, as they watched television and snackd on ice cream. At first, authorities were investigating the murders as a possible mob hit, aimed at at Menendez, a high-ranking executive with Carolco Pictures Inc. In October 1989, Erik Menendez, now 20, telephoned his therapist for an urgent appointment.

They met late Halloween afternoon, talking first in Oziel's office and then during a walk in a nearby park, according to court records. It was there, Oziel said on the tapes, that Erik confessed that he and his brother had committed the murder. "Erik revealed in detail the planning and execution of the crime, including (the brothers') fabricated alibi defense," Oziel said, according to the decision. In a subsequent session Nov. 2, 1989, both brothers discussed their motivation for the crime, according to the psychologist's account.

"They didn't kill their parents for money but rather out of hatred and out of a By LOIS TIMNICK Los Angeles Times LOS ANGELES Two Beverly Hills brothers allegedly confessed to their psychologist that they murdered their multimillionaire parents two months earlier "out of hatred and out of a desire to be free from their father's domination," according to tape recordings detailed yesterday in a California appellate court ruling. Climaxing a year of legal wrangling, the 2nd District Court of Appeal ruled that psychotherapy sessions between Lyle and Erik Menendez and psychologist Jerome Oziel were not protected patient-therapist communications and that any claim to privacy had evaporated when the brothers threatened the therapist. The ruling, if upheld, means that the tapes will be given prosecutors for possible use as evidence in the murder trial. Attorney Joel Isaacson, who represents Lyle Menendez, 23, said the defense will appeal the decision to the California Supreme Court, thus delaying the release of the actual tapes and the start of proceedings against the defendants. Former Princeton-area residents have been held in Los Angeles County Jail without bail since their arrest last year, and are due in Beverly Hills Municipal Court next Tuesday to schedule their preliminary hearing.

of what is on the tapes is the statements, personal thoughts and impressions of Dr. Oziel," said Isaacson, adding that the psychologist "clearly was manipulating Erik and Lyle." He said the tapes represent but "a small portion" of the story that 1U Associated Press photo Lyle Menendez, left, and his brother Erik are shown at court hearing last year in Los Angeles. Los Angeles cop probe broadens to include beating bystanders desire to be free from their father's domination, messages of inadequacy and impossible standards," the decision quoted Oziel as saying. The ruling also disclosed previously secret testimony by Judalon Smyth, identified in court records as Oziel's "paramour." Smyth said she overheard the session in which Lyle exploded in anger after learning that his brother had admitted the murders to Oziel. "I can't believe you did Lyle Menendez allegedly told his brother.

Makers of Posturepedic Smyth's home, according to the decision. The psychologist told his wife and Smyth details of the brothers' alleged confession and threats, then he bought three shotguns, repaired his home security system, and decided to try to convince the brothers that he was on their side. According to the decision, Lyle told Oziel that "it wouldn't look too good if I (Oziel) disappeared too soon. It would start to become obvious that it wasn't too healthy to be associated Posture III Box FREE FREE FREE FREE Final Price $149 $179 $229 $349 Mattress Box Twin $189 FREE Full 239 FREE Queen 299 FREE King 449 FREE Ret. $399-5899 Mfg.

Sugg. Ret. S499 i (hi "I can't believe you told him! I don't even have a brother now! I could get rid of you for this! Now I hope you know what we are going to do. I hope you realize what we are going to have to do. We've got to kill him and anyone associated to him." Smyth also testified that she heard Erik sob, "I can't stop you (Lyle) from what you have to do, but I can't kill anymore." After the session, Oziel panicked, told his wife to leave their house with their children and spent the night at Sealy Sleep Guard v.ui nic unit Ridge park section of Hopewell Township.

The custom-built lakefront home had a private tennis court, where Jose Menendez arose early each morning to hit countless balls to his sons, whom he was grooming to be professional players. The Menendezes moved again to a Princeton Township estate in 1986, the same year Lyle graduated from Princeton Day School with this prediction made about him in the yearbook: "Found in trouble." While Erik finished high school in California, Lyle enrolled at Princeton University. He was suspended for a year for plagiarizing a lab report his freshman year and re-enrolled there in January 1989. After his parents' deaths seven months later, Lyle purchased a popular Princeton restaurant. Chuck's Spring Street Cafe.

He and Erik both came home to Prinretnn a week aftpr the killings, when they buried their parents in the historic Princeton Cemetery. Sealy Quilt Cloud Limited Mattress Box Rockaway's Price Twin $269 FREE $269 Full 359 FREE $359 Queen 469 FREE $469 King 589 FREE $589 Mfg. Sugg. Ret. S599-S1299 Final Price $189 $239 $299 $449 SM Bedding sold in sets only, quantities are limited.

Fair Lawn Paramus stores closed Sunday. PRIOR SALES EXCLUDED ROCKAWAY 350 Route 4b (opp. King CirptUI 627-3661 SUFFERN ISBw, (next to Post Office) (9 1 4) 368-0600 WAYNE West Belt Plaza Route 23 (next to Service Merchandise) 785-1 020 PARAMUS 480 Route 17 North (Just past Pier 17 Restaurant) 261-3623 iff rii By the Los Angeles Times LOS ANGELES The Los Angeles County Grand Jury began taking testimony yesterday from a series of Los Angeles police officers who were bystanders at the Rodney G. King beating, placing the officers in the position of either testifying against each other or facing the possibility of, being fired. The testimony, which follows indictments against four officers for allegedly assaulting King on March 3, signals that the grand jury is widening its criminal investigation and weighing evidence against another 17 officers for not stopping their colleagues as they repeatedly struck and kicked the 25-year-old black man.

In another development, a black police officer has told the Los Angeles Times that she found a Knights of the Ku Klux Klan business card proclaiming "Racial Purity is America's Security" on her car while it was parked in a secured police lot at the Foothill Division station. Officer Janine Bouey said she observed several examples of racial bigotry while she worked at the station between 1987-89, including officers freely using derogatory terms against black officers. "We need time to look at Bouey's allegations, and after doing that we vvill respond in any way that seems appropriate," said Lt. Fred Nixon, a police department spokesman, The beating of King, captured by an amateur video cameraman, has ignited cries from some community leaders that longtime police Chief Daryl F. Gates should be removed because he has allowed racism inside l)is department.

i The crisis also has polarized the Foothill Division, where the actions Of many of the officers are being reviewed by the FBI and the police Internal Affairs unit for possible civil rights violations and other acts of friisconduct. I As the grand jury investigation broadens, the panel now is gathering evidence on whether the Foothill offi cers who stood by during the beating actually committed a felony offense by "aiding and abetting" the assault on King. Their testimony inside the grand jury room is putting the officers in an extremely delicate position. Some of them may be hesitant to provide evidence against their fellow officers and also may be worried about what their colleagues are saying about them. Also on their minds is a "special order" issued two years ago by Gates, warning that all police officers risk losing their jobs if they refuse to testify before grand juries about any criminal activity they witness.

"We're walking a very thin line here," said Diane Marchant, a criminal defense attorney who is advising the officers who were spectators during the beating. "We're trying to stay within the chief's order without giving away the store." She said that four of the rookie officers who were at the scene have told her of their frustrations over being called before the grand jury. Marchant said that each of the bystander officers brings a different perspective to what happened to King. King, who had been on parole for two months, was stopped on a city street in the north San Fernando Valley after a police chase that began on Interstate 210. Also yesterday: Los Angeles Superior Court Judge Bernard Kamins ordered the four indicted officers Sgt.

Stacey Koon, Laurence M. Powell, Timothy Wind and Ted Briseno to stand trial May 13. The Rev. Al Sharpton, a New York preacher and civil rights advocate, announced a noon march today from City Hall to Parker Center in Los Angeles to call for Gates' removal. Wearing his trademark "I Have A Dream" medal, Sharpton also tossed aside criticism from some Los Angeles community leaders who have suggested that he is interfering in a local problem.

Agent David Genens, in charge of the office's investigation bureau, said that the matter "will be given top priority." Los Angeles Police Cmdr. Rick Dinse said that the department stopped its own investigation as soon as King became a suspect. He and other police officials have declined to disclose how King, who was convicted of robbery in 1989, was connected to the Feb. 21 case. King's attorney, Steven Lerman, charged yesterday that the police were conducting "a smear campaign to besmirch Mr.

King's credibility in the hopes of lowering a jury award." "They almost killed this guy and now they're trying to smear his reputation," Lerman said. Dinse responded: "This is not a smear campaign in any fashion. Even if this were proven to be true, it would still not change anything that is in the process of happening in the King incident." Four police officers have been indicted for King's beating, and 17 oth-er officers are under investigation Sealy Posturepedic 0 Ortho Posture 0 Somma 0 Spring Air Buy any mattress listed at Rockaway's low price and get a Free Matching Boxspring Hurry quantities are limited. Beating victim faces armed robbery probe Posture Deluxe Mattress Box $109 FREE 149 FREE 179 FREE 299 FREE Final Price $109 $149 $179 $299 Mattress Twin $149 Full 179 Queen 229 King 349 Sugg. Ret.

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S299-S699 Mfg. Department OPEN 7 DAYS! 10-9 Sat 10-8 Sun 11-5 Ortho Posture" 2 CHESTER Chester Shopping Center Route (neir ShopRite) 879-5000 fo5THo CLINTON Country Square Plaza Route 3 1 DRESHER I 13 mm. noun ot Mcmingion rairaroundi) Twin Full Queen King 206 Fo: py the Los Angeles Times 1LOS ANGELES The California ttorney general's office has agreed to investigate whether Rodney G. King committed an armed robbery 10 days before his beating by Los Angeles police, officials said yesterday. The Los Angeles Police Department, under fire for the nationally televised beating of King, asked the state to handle the case to avoid a potential conflict of interest.

The feb. 21 robbery occurred in the Los Angeles community of Sun Valley in the Police Department's Foothill Division, the same patrol area where King was arrested March 3 for al- rged speeding. Officials said that state agents would start from scratch in checking negations that King committed the ideo store robbery, in which a store ilerk was shot in the shoulder, "We are conducting the investigation because the LAPD says he is a suspect, but as far as we're concerned, we are starting at Step 1," said a state spokeswoman. Special A WEDDING CENTERS' SM LIVINGSTON 613 Route 10 (nut to Toji (li) 533-9099 NANUET Shoparama Plaza Route 59 (next to Sneaks Cleats) (9 1 4)627-3080 NEWTON 1 05 Water Street Route 206 (next to Chuck's Car Wash) 383-1 070 NORTH BERGEN 60 1 Kennedy corner of 6th St. (next to post office) 330-7767 EDISON Topps Plaza Route 27 (next lo Topp'i Appliance) 2S7-2666 FAIR LAWN Payne Rd.

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