Phone conversations and video visits between a wife and her husband, who is in jail, can be used in court.
Jacob Anglesey, 35, a Green River Police officer accused of murdering a two-year-old boy, filed a notice of intent to claim marital privilege in the Third District Court of Judge Richard Lavery. In the notice, Anglesey asked the court to exclude the introduction of jail calls, video visits or statements derived from conversations he had with his wife, Chanelle Anglesey, under Wyoming State Statutes 1-12-104 and 1-12-101 (a)(iii).
Statute 1-12-101 (a)(iii) provides that spouses may not testify against one another except as set fourth in statue 1-12-104, which states spouses may testify against each other when the criminal case involves a crime committed against one spouse by the other or in civil actions against one another.
The state responded to Anglesey’s request with their basis as to why his request should be denied. According to their response notice, which was also filed in the Third District Court, “While these two statutes seem dispositive of defendant’s notice, a closer look at the evidence sought to be excluded shows that neither statute applies, as the evidence sought to be excluded does not involve calling either spouse to testify.”
The evidence the state is seeking are recorded jail calls and visits between Anglesey and his wife.
According to the state, the Wyoming Supreme Court has declined to extend marital privilege to communications created by the defendant, even when sent to a spouse, in a situation where the defendant was aware the communication was subject to search. Such was the case, Nisonger vs. State, when the court held that evidence created by the defendant, a letter to his wife while he was in jail, was not the same as requiring the spouse to testify against him.
“We haven’t heard which way the judge is going to go on it,” Lora Cooper, deputy county and prosecuting attorney said.
Cooper said Judge Lavery will either schedule a special hearing to discuss it, wait until the pretrial conference hearing to make a decision, which will take place in July, or sign an order in favor of the state or the defense.
The Case
Anglesey was placed on administrative leave after he was indicted for a first-degree murder charge Feb. 3, 2016, in the Third District Court of Judge Nena James in front of a grand jury.
At that time, the jury convened to determine whether or not there was enough probable cause to charge Anglesey with first-degree murder, which stemmed from the 2009 death of Konnor Allen, a 2-year-old boy. Allen was the son of Phylicia Rasdall and Corry Allen.
The jury trial was scheduled to take place in February of 2017, but Anglesey requested the trial date be continued. His request was granted by Third District Court Judge Richard Lavery. The jury trial is now scheduled to start Sept. 11, 2017, at 9 a.m.
In an article titled “Child’s death under investigation,” in The Green River Star’s March 18, 2009, edition, “The male child, Allen, had suffered a head injury and was transported by ambulance to the Memorial Hospital of Sweetwater County; and subsequently Life Flighted to Primary Children’s Medical Center in Salt Lake City. Allen died from the injury. An autopsy was conducted by the Utah Medical Examiner’s Office.”
The article also states, the person reporting accident was an off-duty police officer who was at the residence at the time of Allen’s injury. This officer was later identified as Anglesey. In 2009, Anglesey reported the child was injured in a fall.
According to information released by the Sweetwater County Attorney’s Office, after the incident, the Sweetwater County Attorney’s Office was notified and they contacted the Wyoming Division of Criminal Investigation to conduct an investigation. DCI presented its initial findings to a special prosecutor, requested by then Sweetwater County Attorney Brett Johnson, and appointed by the Sweetwater County Commissioners on March 12, 2009. After reviewing the investigation, the appointed special prosecutor declined to initiate charges, but the case remained open with DCI.
In 2015, DCI agents presented their findings and expert reports to Sweetwater County Attorney Daniel Erramouspe, the release states. The investigation presented alleged inconsistent statements from Anglesey as to the cause of Allen’s injuries, and the medical exam report. Also included were medical reports citing the injuries to Allen were caused by non-accidental trauma.
Anglesey, who worked at the GRPD for years, was best known as the police department’s K-9 handler.
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