The court affirmed Perez’ death sentence for the aggravated murder of Ronald Johnson, who was shot and killed during a March 2003 bar robbery in Springfield. Perez wanted his death sentence reduced to life in prison.
Johnson’s sister, Debra Little, said the decision is only fair.
“I know there’s justice,” said Little, who lives in Springfield. “(Perez) needs to stay where he’s at. He’s a man without a soul.”
The marital privilege law says that a husband or wife shall not testify about their communications. Perez’s wife testified at the trial but prosecutors did not ask her to repeat Perez’s statements. Instead, they let the tape recorded conversations do the talking.
“She specifically did not testify to any of those communications. ... we could authenticate (the recording) without any reference from her,” said Clark County Prosecutor Stephen Schumaker. “We’re pleased that the court agreed with our position.”
The court’s opinion, written by Justice Robert Cupp, said the marital privilege statute prohibits a spouse testifying about their private communications but doesn’t bar introducing those conversations through other means.
In a dissenting opinion, Justice Paul Pfeifer said admitting the secret tapes “eviscerates the intent behind the privilege and is in some ways worse than the admission of testimony. If a spouse testifies, the defendant at least has a right to cross-examine.”
Staff writer Bridgette Outten contributed to this report.
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