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Old 07-03-2013   #415
2012Champs
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Default Re: Patriots TE Aaron Hernandez to be Questioned

Quote:
Originally Posted by CloakNNNdagger;2178530Aaron Hernandez’s fiancée wouldn’t be able to testify against him if the two of them marry before he goes to trial. But the sheriff who oversees the jail holding Hernandez doesn’t want that to happen.

Bristol County Sheriff Thomas M. Hodgson told USA Today that he would try to prevent Hernandez and fiancée Shayanna Jenkins from marrying.

“I don’t subscribe to that. I feel that those rights are things that you access on the outside, if you’re a good citizen,” he said. “We’ll do everything we can to not have that happen.” URL="http://profootballtalk.nbcsports.com/2013/07/03/sheriff-will-try-to-prevent-hernandez-from-marrying-in-jail/"
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I had read that but heard on the radio that it might not help since the acts that occured would have been prior to marriage. Maybe Cak can jump in as it is certainly interesting


Quote:
Under Massachusetts law, the answer is yes. “A spouse shall not be compelled to testify in the trial of an indictment, complaint, or other criminal proceeding brought against the other spouse,” the law states regarding the concept of the spousal privilege.

Massachusetts law also recognizes the concept of spousal disqualification, which prevents a spouse from testifying about communications occurring during the marriage — even if the spouse wants to.
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