Okay, y'all. Cal.E is alive, but she is still asleep. While we wait for her to wake up, please enjoy chapter seven of "The Inert Ingredient.
CHAPTER SEVEN; THE SPOUSAL PRIVILEGE
Jay and Alice found that their estimation of how much room a newborn baby required had been inaccurate. As a result, they began to look for a larger apartment when Alicia began to sleep more than two hours at a time. It was on one of these quests for more space that Alice asked Jay a poignant question.
“Jay, my dad is a cop, so I know the laws about testifying,” Alice began. “We are married now and have a child together. I know that, if the matter went to court, I could not be compelled to testify against you in any situation. That includes the matter of that man whose body was in the morgue when I was in my last semester of nursing school. It is called the ‘spousal privilege.’ That body has something to do with us starting to date; and later, being married and having a child. I want to know the truth about that cadaver.”
Jay weighed the consequences against the benefits of this statement. While it was true that his wife could not be compelled to testify against HIM in a court of law, he was not the only one involved in the situation. What about the other party? Would Alice be willing to refuse to testify against someone she did not know? It was a question that did not have an immediate answer. Jay decided to be as honest as possible with his wife and see what her reaction would be.
“Alice, it is true that you cannot be compelled to testify against ME. However, there is someone else involved in this situation. What would you do if you were called on to testify against that person? Would you plead the fifth amendment and risk jail time? Would you lie and plead ignorance if I told you the whole story? You need to think about the implications of knowing the whole story.”
Jay could tell that this statement had taken Alice by surprise. While Jay knew that she suspected that he was protecting himself by not revealing the whole truth, she was surprised to learn, as far as Jay could tell, that he was not the only party involved in the situation. Alice took some time before answering the question that her husband presented to her.
“Well, I do not want to go to jail. NOT with a small baby that is very dependent on me, or at any other time in my life. I also do not want to lie and say that I am completely ignorant of the situation. If I commit perjury, that could also mean jail time. I suppose I should wait until Alicia is more self-sufficient before knowing the whole truth. It just worries me that you are so good at keeping secrets though, Jay. How will I ever be able to know if you are keeping something important from me if you cannot trust me enough to tell me the truth about something in your past?”
The question perplexed Jay. He did not want to lie to his wife, but he also did not want to endanger her safety. He pondered her question for several days before making a decision. After Alicia had been put in her crib one relatively peaceful night, Jay confronted his wife with his decision.
“Alice, if you want to know the truth, the whole truth, about the cadaver in which you are interested, I will tell you, if you promise to keep the story of this man’s death to your grave. You MUST promise to never breathe a word about what I tell you to anyone, including your sister and your dad. Do you think you can keep that promise?”
Jay waited as Alice mulled the question over, and nodded her head unconvincingly. Jay surmised that she DID want to know the truth, but she did NOT want to be put in a position that may result in jail time. He decided to alleviate this fear.
“If it comes down to it, Alice, I will tell the truth. At least, my part of the truth. Then, I will be the only one who is obligated to spend time in jail or prison. I would like to unburden myself, and I trust you more than anyone else on the face of the Earth. If you want to hear the whole story, just sit on the couch. If not, you may leave the room. I will not be offended by either action.”
Alice nodded her head and gently sat on the couch of the small apartment. Then, Jay Magruder began the story that had burdened him for the last three years.
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