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To: D-fendr
District Judge Allen McCall warned Padilla to tell the truth after she denied or said she couldn't recall earlier statements she made to the FBI. One of those statements described Nichols as an anti-government, secretive survivalist.

Why was she giving testamony at all? Was she pressured? Doesn't a wife have the right not to give testamony against her husband? Can any Freeper attorney shed some light on this?

My guess is the FBI just lied to her and she was intimidated into giving evidence. If she did not fully understnd her rights, it would be easy to see how it could happen. I've seen people crack in much smaller cases.....

7 posted on 05/05/2003 7:48:30 PM PDT by marktwain
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To: marktwain
Why was she giving testamony at all? Was she pressured? Doesn't a wife have the right not to give testamony against her husband? Can any Freeper attorney shed some light on this?

In most jurisdictions a spouse can not testify as to conversations with the other spouse. It generally is not a limitation on evidence of actions the one spouse observed. The privilege is made to protect the sanctity of conversations between spouses. Generally the law also protects conversations of doctors and patients, priests (religous leader) and confessant, lawyers and clients. In this case his wife testified as to observable facts, the finding of money, the key, etc. I am not from Oklahoma so I don't know what the "marital privilege" covers.

16 posted on 05/05/2003 9:26:29 PM PDT by Lawgvr1955 (Never draw to an inside straight)
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