Skip to comments.Gay couple seeks spousal privilege protection in Kentucky murder trial
Posted on 08/11/2013 6:06:32 AM PDT by markomalley
A legal debate over whether one member of a same-sex couple has spousal privilege that would shield her from testifying against her partner is at the heart of a capital murder case in politically conservative Kentucky.
Geneva Case, 49, does not want to testify in a Louisville court against her partner, Bobbie Jo Clary, 37, who is accused of beating George Murphy, 64, to death with a hammer in 2011 and then stealing his van.
Prosecutors say Case must testify because of her value as a witness, since she heard Clary admit to the slaying and also saw blood on the interior of the victim's van after the killing.
Clary says Murphy used a hammer to sexually assault her, and she defended herself by hitting him over the head.
Clary is also charged with tampering with evidence to cover up the crime. If convicted, Clary could face the death penalty.
Under Kentucky law, a person cannot be called to testify against his or her spouse. Most states have a similar type of law.
But Kentucky is not among the 13 states that have legalized gay marriage. In 2004, it amended the state constitution to define marriage as being a union between a man and a woman.
Susan Sommer, an attorney for Lambda Legal, a national legal organization for the protection of gay rights, said she was not familiar with the details of the Kentucky case, but Lambda believes gay couples should have the same legal protections as other married people.
(Excerpt) Read more at news.yahoo.com ...
I never thought of this possibility - whenever a person does not want to testify against his/her buddy, they can claim they are a homosexual couple that cannot be forced to testify against each other.
It would be worth it to avoid life in prison, and in fact the libs would make one into a victim and rally round him/her so it would be a win/win for all concerned (except for the truth).
Lesbos can be quite vicious and have a higher potential for violence vs heterosexual women in general.
According to the article at http://www.kypost.com/dpps/news/national/kentucky-woman-wont-testify-against-same-sex-spouce-in-trial_8692196, Bobbie Joe claims self defense as she was being raped!
My first thought was that it was the victim... and I was wondering how that could be when the article said he was over 60.
I’m speechless, and I’m sticking to it.
My thought exactly, but I’m still speechless.
Personally? I love it! Unintended consequences. Deal with it, liberals.
Correct: all homosexuals are warped in the head.
It was well recognized and categorized as a mental disorder for a reason, years past.
Violence is one aspect.
Spousal privilege does not cover statements made before the marriage. So you can't marry someone on the way to the courthouse and then claim spousal privilege regarding a conversation or event that predated the marriage.
You are correct.
There are studies that show the highest domestic violence is between female homosexuals.
And according to some studies it is really violent, not just a slap of two
These wedded lesbians are a real treat.
Wait till one homosexual spouse sues another for giving him AIDs.
“...they can claim they are a homosexual couple...”
Why would they have to be homosexual?
Is there anything in the same sex “marriage” movement that says the participants have to be homosexual?
Given success of the movement, could not a same sex couple “marry” for financial-insurance-inheritance reasons even if they were both heterosexual or even asexual?
Butch woman murders a man and the feminists are silent. Just as this woman’s “partner” wants to be.
Save the Males.
Didn’t that serial killer in Florida try to claim that each of her victims was killed in “self defense”?
Self-defense and then she took his van as a settlement, right?
As it stands now, she’ll have to testify - absent a SCOTUS ruling about civil unions being covered by spousal privilege or that the Kentucky amendment is unconstitutional ...