A Pennsylvania man should have been allowed to invoke spousal privilege and avoid testifying at the criminal trial of his wife, who was also his former probation officer, the state Superior Court has ruled, despite allegations that the pair’s marriage was a “collusive” attempt to keep the man off of the witness stand. However, the decision to allow the testimony was harmless error.
The appeal stems from the trial of Erin M. Lewis, a former Lebanon County probation officer who was convicted of trying to conceal a romantic tryst in Atlantic City, N.J., with Jeffrey Gardner, a man whom she dated while overseeing his probation and eventually married.
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