Thanks so much, @tlcya !Rule 504 Husband-wife privilege (a) Spousal testimony.
The spouse of a party has a privilege to refuse to testify against the party as to events occurring after the date of their marriage. A party has a privilege to prevent his or her spouse from testifying against the party as to events occurring after the date of their marriage.
(b) Marital communications. An individual has a privilege to refuse to testify and to prevent another from testifying to any confidential communication made by the individual to his or her spouse during their marriage. The privilege may be asserted only by the individual holding the privilege or by the holder's guardian, conservator, or personal representative. A communication is confidential if it is made privately by an individual to his or her spouse and is not intended for disclosure to any other person.
(c) Exceptions. There is no privilege under this rule:
(1) In any criminal proceeding in which the court determines that the spouses conspired or acted jointly in the commission of the crime charged;
(2) In any proceeding in which one (1) spouse is charged with wrongful conduct against the person or property of:
(A) The other;
(B) A minor child of either;
(C) An individual residing in the household of either; or
(D) A third person if the wrongful conduct is committed in the course of wrongful conduct against any of the individuals previously named in this sentence; or
(3) In any proceeding in which the spouses are adverse parties.
(d) Minor child. The court may refuse to allow the privilege in any proceeding if the interests of a minor child of either spouse may be adversely affected. Effective: May 31, 2006 History: Enacted 1990 Ky. Acts ch. 88, sec. 26; amended 1992 Ky. Acts ch. 324, sec. 9; renumbered (7/1/92) pursuant to 1992 Ky. Acts ch. 324, sec. 34; amended May 31, 2006, Supreme Court of Kentucky Order 2006-06.
MOO spousal privilege would not apply here. Because it involves a crime against the person of a minor child within their household. But IANAL. We have some excellent verified attorneys at WS, I am sure one of them can weigh in on whether I am interpreting correctly
ETA as to the red, I suspect that one will come into play as well.
Replying to my own post, sorry, but Jayden would have been 2 years old when she pleaded guilty in 2017 to a misdemeanor charge of endangering the welfare of a minor.Mother pleads not guilty in death of Jayden Spicer
JACKSON, Ky. (Court TV/Scripps News Lexington) — A Kentucky mother charged in the death of her once missing son pleaded not guilty at her arraignment Thursday.
Felicia Gross is charged with second-degree manslaughter, abuse of a corpse, tampering with physical evidence, and falsely reporting an incident after authorities located Jayden Spicer’s remains days after he was reported missing.
[…]
Court records reviewed by Scripps News Lexington indicate Gross has a history with Child Protective Services. She pleaded guilty in 2017 to a misdemeanor charge of endangering the welfare of a minor and served a year in jail.
Scripps News Lexington requested copies from the Breathitt County District Court, but was told the records are confidential because a minor is involved. It is unclear if the 2015 case involved Spicer.
Other online court records dating back to 2013 and 2019 indicate Gross’s mother, Shirley Johnson, had petitioned for child support from Gross. Again, it is unclear if the case involved Spicer.
She is currently housed at the Kentucky River Regional Jail. Gross is scheduled to be back in court on August 18 for a preliminary hearing.
Emphasis mine.Every child deserves parents, but not every parent deserves children.
I hope that his parents are brought to justice. I can't even imagine the cruelty it would take to do something like that to your own child.
snippedMost likely -- neither adult wanted that child in the house at all, and it's just so horrible and senseless.
She had other options rather than to overdose him on sleep meds.
Imo.
Considering she had 6 children, at least 3 younger than Jayden, it could have been any of them. Your point is valid, regardless. They should have been taken away and kept away.Replying to my own post, sorry, but Jayden would have been 2 years old when she pleaded guilty in 2017 to a misdemeanor charge of endangering the welfare of a minor.
Her charge, if it relates to Jayden, just WHY would they return him to her?![]()
Wonder if she wrote it herself ?Her stupid note is the most incriminating piece of evidence.
So well said, and I see/like what ya did there. GROSS, indeed.Mother charged after body of missing Kentucky boy found buried
waiting to hear WHEN Jayden died because he sure didn't die the night before he was reported missing. IMO it would take time to discover him dead, load his body into a tote, drag it into a vehicle, drive to the disposal location, dig a hole, drag the tote out of the vehicle and bury it. That didn't IMO happen in the morning, prior to the report. And I doubt it happened in the dead of night. So when exactly did this child die?
All reports, including the affidavit give no hint as to DOD. I cannot imagine LE didn't get that information from GROSS/Spicer. Which makes me think we are going to be further outraged when we learn when all this went down. JMO
Along with others, hoping to hear Jayden died soon after July 3rd to spare him as much pain and neglect as possible. I don't know if that happened tho.waiting to hear WHEN Jayden died because he sure didn't die the night before he was reported missing. IMO it would take time to discover him dead, load his body into a tote, drag it into a vehicle, drive to the disposal location, dig a hole, drag the tote out of the vehicle and bury it. That didn't IMO happen in the morning, prior to the report. And I doubt it happened in the dead of night. So when exactly did this child die?