Marriage Proposal Not A Crime

The Maryland Court of Special Appeals reversed a criminal conviction

Defendant confessed to his girlfriend that he was responsible for a murder. Girlfriend subsequently informed the police, and defendant was charged with that murder. While awaiting the murder trial, defendant attempted to marry girlfriend via a telephone call so that she could invoke her spousal privilege and avoid being compelled to testify against him in defendant’s pending murder trial.

In response to defendant’s purported marriage to his girlfriend, the State charged defendant with “corrupt means” witness tampering and obstruction of justice—namely for seeking to silence the girlfriend’s testimony. A jury convicted defendant of witness tampering and obstruction of justice, and defendant appealed.

Held: Judgment reversed. The prevailing rule throughout the country is to allow a spouse to invoke the spousal privilege regardless of the reasons for the marriage—including for the sole purpose of silencing a potential witness. Prior Maryland cases acknowledged the prevailing rule, but it is now expressly adopted.

In light of adopting the prevailing rule, there can be no “corrupt means” witness tampering or obstruction of justice for simply endeavoring to invoke a legally recognized evidentiary privilege.

(Mike Frisch)