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S02.E08: Spousal Privilege

Trini

By Trini
in The Cleaning Lady

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Irlandesa

Irlandesa

(edited)
  On 11/15/2022 at 3:55 AM, paigow said:

Nadia cannot testify against Kamdar? Or Thony did not find the divorce documents?  

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She only found the marriage certificate.  If they didn't divorce, then Arman's marriage to Nadia isn't a legal one.  And yes, she couldn't testify against Kamdar if they're still married but that isn't their plan. 

It's weird that they didn't advertise the season finale which makes me a little nervous because they were advertising it last week but I am starting to suspect they're removing a Monday of content.  That's no big deal for 9-1-1 who have a back half they can move the ep to but The Cleaning Lady doesn't have that.

Edited by Irlandesa
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Irlandesa

Irlandesa

  On 11/15/2022 at 5:20 PM, jabRI said:

I thought it meant she can't be compelled to testify against him, but could do so willingly.  Happens all the time in divorce/abuse cases, right?

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It doesn't apply if they're suing one another or one instigates a criminal procedure against the other.

Plus, I don't believe witnessing a crime is protected.  It also goes away if a third party is present or informed of the same set of facts. 

In other words, there are standards the privilege must meet...although shows play fast and loose with it all the time.

Trini

Trini

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(edited)

Okay so maybe Garrett isn't The Worst, but he's still the worst FBI agent. His bosses are very tolerant of his multiple screw-ups.

I support Thony, but JD has a point about not wanting his daughter around her. And it looks like he's going to make Fiona choose between Thony and her kids.

Kamdar and Nadia were (are??) married? I feel like this would have been something Kamdar would have brought up already just to rub it in Arman's face. So I'm thinking it might have been a marriage on paper only. But in any case, we already knew they were exes, so is this really such a shocking revelation? If they are actually still married now, that would be more important.

I still think Arman and Thony have great chemistry, but I've kinda cooled on them as a romantic couple. I'm not a fan of the "trauma bonding" theme they've got going on this season. Their relationship worked last season with her as his 'angel' giving him a chance of redemption (vs. Nadia's 'devil' pushing him to advance in the criminal underworld); but now Thony's a darker shade of gray, and then that dynamic doesn't work as well. Also I'm just generally also rooting for Nadia this season.

Edited by Trini
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Irlandesa

Irlandesa

  On 11/16/2022 at 3:58 AM, Trini said:

I still think Arman and Thony have great chemistry, but I've kinda cooled on them as a romantic couple. I'm not a fan of the "trauma bonding" theme they've got going on this season. Their relationship worked last season with her as his 'angel' giving him a chance of redemption (vs. Nadia's 'devil' pushing him to advance in the criminal underworld); but now Thony's a darker shade of gray, and then that dynamic doesn't work as well. Also I'm just generally also rooting for Nadia this season.

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I thought last year they should have pulled the trigger on Thony and Arman in Mexico for at least one night even if it meant it was technically outright cheating.  (At that time, I still thought Nadia had something on the side we didn't see.) I love a slow burn but once they kissed in Arman's office, the match was lit and you only have so much time to light the fire before that match goes out. As this season moves on, I still feel that way because even though they do have good chemistry, they're almost too in-step and that makes his dynamic with Nadia more compelling.  And even last season when I thought he and Thony were fire, I thought Arman and Nadia had terrific chemistry as well.

I don't know if I'm supposed to feel sad for Thony that she knows what Arman had to do to get her access.  They haven't even kissed this season!

So yeah, I agree about the trauma bonding heaviness that'd weigh down anything they try to start this season.  And I find that hilarious to say since I am basically arguing her son dying would have been a less depressing time for a relationship to start.

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Lady Jane

Lady Jane

  On 11/15/2022 at 6:13 PM, Raja said:

Law & Order School of Law that the spouse has an expectation of privilege. The police can stop a crime but testimony is different 

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  On 11/15/2022 at 5:20 PM, jabRI said:

I thought it meant she can't be compelled to testify against him, but could do so willingly.  Happens all the time in divorce/abuse cases, right?

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There are two different issues. The first is that a spouse cannot be compelled to testify against their spouse. They may CHOOSE to do so, but cannot be compelled. But, the second issue is that even if they choose to testify, the "marital privilege" with regard to marital communications is held by both spouses, so it cannot be unilaterally waived when one spouse elects to testify. This means they can testify to things they saw, etc., but they cannot testify about actual communications within the marriage. This protection of marital communication privilege survives the end of the marriage -- so even if you are divorced, you can choose to testify, but you still can't reveal marital communications. 

So, Nadia could testify against him, but couldn't reveal anything they said or communicated during their marriage. The new spouse can simply elect not to testify at all.

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