Edwards

I. BACKGROUND

On July 17, 1991, the body of Don Thomas was found in an alley behind a barbershop where Edwards worked. Thomas had died of multiple gunshot wounds from a .38 caliber gun and 9-mm gun. Five years later, after a tip from Edwards’ wife, police arrested Edwards in Detroit, and he was tried in California for the murder and for insurance fraud.

Before trial, and in anticipation of Edwards’ wife Kemet Gaines (“Gaines”) appearing as a witness, Edwards’ counsel John Meyers (“Meyers”) raised the issue of Edwards’ marital privilege under California Evidence Code § 980 and the pre- sumption of confidentiality of marital communications under California Evidence Code § 917. The trial court ruled that Gaines could testify about any discussions between them regarding the insurance fraud scheme as falling under the “fu- ture crimes” exception to the privilege, and also about her observations of Edwards’ behavior on the nights in question, but not about any other conversations between them.

The following facts emerged from Edwards’ and Gaines’ testimony at trial, not including any information from their testimony about their conversations with one another. Edwards and Thomas…