Dunn

Dawn Dunn petitions for a writ of prohibition/mandate to challenge an order compelling her to testify against her husband in grand jury proceedings, contending she can invoke the marital privilege against such testimony. We deny the writ.

Dunn was subpoenaed to testify before the grand jury concerning an investigation as to whether her husband killed foster child Eric Dawson, who resided with the Dunns. She appeared before the superior court and invoked the marital privilege not to testify against her husband. The superior court found applicable the marital privilege exception for crimes committed against a child of the husband or wife, contained in section 972, subdivision (e)(1), and ordered Dunn to testify.

Section 972 provides in relevant part: “A married person does not have a privilege under this article in . . . [a] criminal proceeding in which one spouse is charged with ... [a] crime against the person or property of the other spouse or of a child, parent, relative or cohabitant of either, whether committed before or during marriage.” Dunn contends foster child Eric Dawson was neither a “child” nor a “cohabitant” of either her or her husband.

We have found no…