In Re Perry

ORDER

ZLOCH, District Judge.

THIS MATTER came on for hearing before the Court on November 14, 1986 upon the Government’s Motion to Compel Testimony.

The Government has moved to compel the testimony of Carol Perry before a Grand Jury which is investigating criminal charges against Richard Brainard in a separate and pending criminal proceeding. Ms. Perry has initially refused to testify, claiming the marital privilege not to testify against one’s spouse with respect to Mr. Brainard. The Government argues that said privilege is not available to Ms. Perry as a matter of law.

Evidence proffered on…