An odd question I'm often asked is "can my wife testify against me?" Well, the question isn't so odd as the context in which it comes up is. You can only imagine the conversation which leads to that question. Well, I here to say that the answer is still NO!
Just a few days ago, the Illinois Appellate Court in the case of People v Trzeciak reaffirmed the Marital Privilege. In that case, the jury found a man guilty of murder. The judge allowed testimony from the defendant's wife that he admitted his guilt to her. The three judge Appellate Court ruled (2 to 1), that Illinois law prohibits testimony as to communications and admissions made in a private conversation between a husband and wife during the marriage, regardless of whether the marriage was harmonious. Yes, even if your wife hates you, her testimony is barred. The Appellate Court reversed the conviction and sent that matter back for a new trial. Now, since this defendant won his appeal by the slimmest of margins, if I were his attorney, I would advise that he send his wife a few dozen long stems roses, with a nice card.
By the way, anytime I am asked this odd question, I am usually asked “You can’t talk to my wife about what we just talked about, right?”
If you have any questions, odd or otherwise, do not hesitate to contact me.
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