Menendez v. Superior Court

3 Cal.4th 435, 11 Cal.Reptr.2d 92, 834 P.2d 786 (1992)

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Nature of the Case

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Facts

Lyle and Erik Menendez (D) were charged with the Murder of their parents. Before they were arrested, a search warrant for the offices and home of Oziel, D's psychotherapist, was issued and executed. Oziel released the materials identified in the warrant. Claiming the psychotherapist-patient privilege on behalf of D, however, he stated that none of the materials should be disclosed, because they all fell within the privilege. The materials included tapes of sessions with D, dated October 31, November 2, November 28, and December 11. Oziel later filed a motion, effectively claiming the privilege on D's behalf. D intervened and filed papers in support of the privilege. The District Attorney opposed the motion, claiming that the privilege did not apply and that several exceptions, including the 'dangerous patient' exception, and the exception for a 'crime or tort' did apply. A hearing was held, and the court rejected the claim of privilege as to all the tapes. At the hearing, it was discovered that, during two of the four sessions on the tapes, D had made threats to Oziel, his wife, and his lover. Oziel thereafter warned both women that these threats had been made. The court, therefore, found that the 'dangerous patient' exception applied and that the psychotherapist-patient privilege had been waived.