First, Mr. Greg Elvine Kreis appointed for Rachel Goldberg said she will not testify.
After she was asked to take the stand, her response was "I refuse to testify" to all of Deputy District Attorney Luke Bernthal's questions.
Even after Judge John Feeney informed her he would find her in contempt, she remained adamant.
While Judge Feeney ruled earlier that spousal privilege does not apply in a criminal proceeding according to evidence rules he stated in court; once Rachel Goldberg took the stand, due to Code if Civil Procedure 1219 b, the Court cannot impose incarceration as an option. He would not have considered that option, anyway, he said.
He felt ordering Rachel Goldberg back to court would not result in a different result. Judge Feeney released her from a subpoena and she chose to stay for the testimony of her friend Frieda Smith.
Smith started her testimony about Sept 26, 2016 and will continue after lunch. The preliminary will most likely continue all day.
The defense motion to dismiss Count 3 and close the courtroom was denied.