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Old 07-03-2013   #416
CloakNNNdagger
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Default Re: Patriots TE Aaron Hernandez to be Questioned

Quote:
Originally Posted by 2012Champs View Post
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
This is from the link to Mass.gov

Quote:
Section 504. Spousal Privilege and Disqualification; Parent-*Child Disqualification


NOTE


Subsection (a)(1). This subsection is taken nearly verbatim from G. L. c. 233, 20, Second.

The existence of the privilege depends on whether the spouse who asserts it is then married. The privilege applies even if the spouse was not married at the time of the events that are the subject of the criminal trial, and even if the spouse who asserts the privilege had testified in an earlier proceeding or trial. See Commonwealth v. DiPietro, 373 Mass. 369, 382, 367 N.E.2d 811, 819 (1977). There is no common-law privilege, similar to the spousal privilege, applicable to unmarried cohabitants. Commonwealth v. Diaz, 422 Mass. 269, 274, 661 N.E.2d 1326, 1329 (1996).

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