IN THE MATTER OF A GRAND JURY SUBPOENA


447 Mass. 88 (2006)

IN THE MATTER OF A GRAND JURY SUBPOENA.

Supreme Judicial Court of Massachusetts, Suffolk.

June 22, 2006.


Attorney(s) appearing for the Case

John P. Zanini, Assistant District Attorney, for the Commonwealth.

Laurence Cote for the respondent.

Present: Marshall, C.J., Greaney, Ireland, Cowin, Sosman, & Cordy, JJ.


SOSMAN, J.

In the present appeal, we are called on to decide whether the spousal privilege set forth in G. L. c. 233, § 20, Second, applies to a witness summonsed to appear before a grand jury. For the following reasons, we conclude that the privilege does not apply in grand jury proceedings.

1. Background. A Suffolk County grand jury was investigating a homicide that occurred on February 10, 2006. The prime suspect was arrested and ordered held...

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