Defendant seen on Walmart surveillance video getting out of his car and breaking victim's car window and stealing a GPS device.

Detective traces the license plate on suspect's car to the defendant's wife and, after interviewing her and showing her the video, the wife identifies the subject in the video as her husband.

Now, the wife says she's not going to testify under spousal privilege.

Can I get her prior statements to the detective in, or does Crawford keep them out?

It seems to me that the defendant (or his wife) can't assert a spousal privilege and then complain about a Crawford violation for not being able to cross-examine that witness. YOU'RE the one telling the witness not to testify!

Any thoughts or suggestions would be appreciated.

[This message was edited by Jonathan on 01-09-12 at .]

[This message was edited by Jonathan on 01-09-12 at .]

Surely someone else can identify the defendant.

Who says that someone is telling her not to testify? Is it not also just as likely that she came up with that on her own?