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To: SteveH; GilesB

Wouldn’t this apply to her coerced testimony?

http://en.wikipedia.org/wiki/Spousal_privilege


79 posted on 06/12/2012 3:04:08 PM PDT by Carriage Hill (All libs & most dems think that life is just a sponge bath, with a happy ending.)
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To: carriage_hill; SteveH
Yes, it would apply in the sense that she could have refused to testify - if her testimony was coerced after she asserted her spousal privilege, she may have a case. However, once she agreed to testify, she was required to be truthful in her testimony. She might be able to invoke the privilege during testimony, if truthful testimony would incriminate her husband - not sure on that one.

Their best defense in this is twofold, in my opinion. They testified that they were not sure of the amount in the account, and offered to make a phone call to get the exact amount. The judge declined that offer - so I so no possible way he can cite her for perjury. She didn't know the exact amount, offered to get the exact amount, he said the exact amount didn't matter, and now he has her arrested for not giving the exact amount. It is outrageous.

Second, they can state, as has been suggested elsewhere, that they did not think the money from the “defense fund” was legally theirs. This point is moot, however if she makes the court aware of the account, states that she is unsure of the exact amount, offers to find out the exact amount and that offer is declined by the judge.

The judges actions exonerate her, as far as I can see (if that account is true). And if that account is true, the judge should be impeached and disbarred for his behavior in this.

97 posted on 06/12/2012 3:52:42 PM PDT by GilesB (I am not an attorney, but I play one on FR)
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