New Jersey’s spousal testimonial privilege prevents a man’s wife from testifying against him in a criminal trial, although she was not his wife at the time of the charged crime and allegedly tampered with the evidence against him, a state appeals court says.
Overturning a trial judge, the Appellate Division held Wednesday that although it was tempting to pierce the privilege, both N.J.R.E. 501(2) and its analogous statute, N.J.S.A. 2A:84A-17(2), clearly forbid it.
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