Prosecutors Argue Gay Man Can Be Made To Testify Against Partner

Former Roslyn Superintendent Frank Tassone and his partner of 33 years are not married under state law and the school embezzlement case shouldn't be used to create new precedent that would protect same-sex partners from testifying against one another, prosecutors said.
"This would be a terrible test case in which to broaden the [spousal] privilege," prosecutors wrote in a motion filed Monday. Their papers responded to an effort by Tassone's domestic partner to exclude the former schools chief's testimony against him.
Stephen Signorelli, 60, who has pleaded not guilty to a grand larceny charge, last month asked a Nassau judge to prevent Tassone's testimony, because they are registered domestic partners in New York City and had a commitment ceremony during a cruise.
Under state law, husbands and wives are, in some cases, protected from testifying against one another. But that law specifically excludes same-sex couples.
In a plea deal earlier this year, Tassone implicated Signorelli in open court and has agreed to testify against him should the case go to trial. Signorelli is charged with submitting phony invoices to the district for his word-processing company.
Signorelli's attorney, Kenneth Weinstein of Garden City, said the spousal privilege law must catch up to the times.
"The law is always in a state of evolution and it must evolve to recognize relationships that people refused to acknowledge existed years ago," Weinstein said Monday.
Assistant District Attorney Peter Mancuso declined to comment Monday. But in his motion, Mancuso argued that Tassone's testimony should be allowed regardless of whether the two are considered legally married under state law. Their conversations, the motion said, are not protected because they were about the criminal scheme.
Signorelli's arguments have drawn attention nationwide.
"We get a lot of calls from gay victims in personal injury cases where people have been forced to settle because life partners have been forced to divulge confidences. So this has always been of great concern to us," said David Buckel, senior counsel for Lambda Legal Defense and Education Fund.
from Newsday