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Just one problem, they weren't allowed to listen to it because of doctor/patient privilege. >> how frustrating was that? >> well, it was very frustrating. yeah, a good piece of evidence and i couldn't even listen to it. >> even though investigators didn't know whether they'd ever get to play that tape in court, they thought they had enough evidence to arrest the brothers. >> it was march 8th, 1990. >> detectives arrested joseph lyle menendez for the august murders of his mother and father. >> erik was playing a tennis tournament in israel at the time. >> erik menendez is being sought by detect...

As it turned out their testimony gave the state a big opening. >> they offered their mental state as a defense. so when you offer your mental state as a defense you have waived your psychiatric patient privilege. >> the oziel tape. remember that? by testifying, the brothers had put their mental state on center stage meaning the tape was now fair game. the defense played the tape to take the sting out of it. >> what erik and i did took courage beyond belief. >> detective zoeller remember had never heard the tape before, and he was dumbfounded. this was supposedly a candid confession tape, but o...

Anymore." and he burst in tears and left. well, lyle and dr. oziel, more or less, followed him. and lyle got to the elevator. and dr. oziel said, "am i in danger?" and lyle said, "that's all i can tell you is have a good life, dr. oziel." and it freaked him out. >> reporter: what followed was a strange and nervous dance, oziel told lyle and erik to come back for follow up therapy sessions. the brothers, afraid oziel might go to police, agreed. during one of those sessions, they both confessed to killing their parents. and oziel recorded the conversation. judalon smyth learned about the recordi...

Science. what he said is that it is an effort at the more transparency about the underlying data on which policies are built because there was a feeling in previous administrations, certainly by some of his ilk and conservatives that all of this data was being cooked, the books were being cooked so now he's going to be transparent about the underlying data. why do you think it's the opposite of what he's saying in layman's terms? explain to us why this is a bad idea. >> a lot of the evidence that scientists use is based on things that come from hospitals and studies of humans. and that is pati...

Use all legal means. now, the government then gets that communication. they put it through a taint team what do they do? what is a taint team? a taint team is, other government agents, fbi agents or assisting the united states attorneys, they go through the material, they say, this is doctor/patient privilege, this is a conversation between a man and his wife, a spouse. i'm going to read it, but i'm not going to let the prosecution use it. would any american citizen be happy to have his or her private communications read by an fbi agent on the assurance, merely, that it wouldn't be used -- >> ...