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Home > Blogs > Ohio politics > Archives > 2009 > December > 02 > Entry
Court: wife’s secret tapes can be used to convict husband
Secret jailhouse recordings between a husband and wife can be used to help convict a criminal defendant, despite a state law that says spouses cannot testify about their private communications, according to an Ohio Supreme Court ruling released Wednesday, Dec. 2.
In a 6-1 decision, the court rejected arguments made by death row inmate Kerry Perez that the recordings made by his wife, Debra, while visiting him in the Clark County Jail should not have been allowed to be used against him at his trial.
The marital privilege law says that a husband or wife shall not testify about their communications. Debra testified at the trial but prosecutors did not ask her to repeat Perez’ statements. Instead, they let the tape recorded conversations do the talking.
The court affirmed Perez’ death sentence for the aggravated murder of Ronald Johnson, who was shot and killed during a March 2003 bar robbery in Springfield. Perez wanted his death sentence reduced to life in prison.
The court’s opinion, written by Justice Robert Cupp, said the marital privilege statute prohibits a spouse testifying about their private communications but doesn’t bar introducing those conversations through other means.
Justice Paul Pfeifer disagreed. In a dissenting opinion, Pfeifer said admitting the secret tapes “eviscerates the intent behind the privilege and is in some ways worse than the admission of testimony. If a spouse testifies, the defendant at least has a right to cross-examine.”
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Comments
By RETIRED SGT
December 3, 2009 7:03 AM | Link to this
Phi,man, I think you mean the 5th Amendament rights. that is self incrimination. Your 2nd Amendment rights refer to firearms ownereship, regulated militia etc…
By philman
December 3, 2009 6:28 AM | Link to this
Are they messing up this law just like they try to butcher our second Amendment, they law says a person cant be forced to testify, but what about voulenteer?
By no name
December 2, 2009 3:08 PM | Link to this
I knew this guy, he was my neighbor for almost two years; and he & his wife and my husband & me were actually close… Until we found this out. I agree with this decision completely.
By wondering
December 2, 2009 2:30 PM | Link to this
What ever happened to the guy who killed the illegal aliens at the State Theater? Did he cop a plea?
By mrconservative1
December 2, 2009 2:08 PM | Link to this
Tomas, you’re an idiot. Kerry Perez took the life of another. Police & prosecutors should do whatever it takes to bring this piece of trash to justice.
By Tabitha
December 2, 2009 1:53 PM | Link to this
I personally do not feel any violation of the law occurred. Im sure they were made aware that those conversations would be monitored or recorded for safety purposes. You are an inmate incarcerated in jail, what privacy do you really think you have? That’s their fault for not being smart enough to realize it could be used against them. I have no sympathy for it.
By Ronald Johnson
December 2, 2009 12:54 PM | Link to this
i’d agree with you there, Tomas…if i weren’t 6 ft under…
By Tomas
December 2, 2009 10:50 AM | Link to this
It is so typical of the vindictive right-wingers of this state that they can run roughshod over what is obviously a violation of law. Revenge is the motive.