unconstitutional. they are trying to use state law which treats gay and lesbian people differently than it treats heterosexual people to their advantage in a criminal action. that i believe is unconstitutional. reporter: whether geneva case may be compelled to testify against her wife may already be in the hands of another court. the u.s. supreme court. the high court is expected to rule any time now on the constitutionality of california s proposition 8. california voters in 2008 approved a ban on same-sex marriage. the women s attorneys say if the court strikes down prop 8 and decides its decision applies to all states, it could change the outcome of this murder case. obviously we d love to have guidance. we d love that guidance to be something that is helpful in miss clary asserting her constitutional rights. reporter: prosecutors have asked the judge to order case to testify. they believe case saw her spouse clean blood out of the dead man s van and heard her admit to
they re saying. i go every year to visit my family and look what s happening to me now. all this devout mormon can do now she says is pray. rafael romo joining us from across the border. rafael, the soldiers who arrested maldanado, they were supposed to testify in court yesterday. they never showed up. does the family see that as a good sign for them? it is decht e definitely a victory of sorts, suzanne. they were expected to testify yesterday, didn t show up like you said. but the reality is that in the mexican legal system, if they show up say today where there s another hearing that will begin in a very short time or even tomorrow, their testimony will still be valid. but the fact that they didn t show up is being seen by the defense as a victory of sorts. rafael, you know, mexican official familiar with the case saw him quoted as saying he thinks she was framed. i m curious, you ve been down there a lot, how common are
right? the number of people, private contractors and government employees and all sort of people who have access to this nflgt. more and more information about what the government is doing put behind the curtain of secrecy, behind the curtain of classification and there are no mechanisms in place as far as i can tell with real teeth and real strength that can ever incentive advise people to err on the side of openness. and for reasons that are in some cases incredibly compelling life or death reasons. it s not like people are necessarily nefarious. it s that if you re making a tough call on secrecy or openness, the risk of putting something out there that shouldn t be seems to you as the person making that judgment much larger always. than keeping something hidden that shouldn t be open. as i was referencing, it is almost never been true but there is one case, it s pretty fascinating, where bill leonard, a former federal official was working on the drake case saw where there
gunman drove his car into a ditch. the samaritans who confronted him and yelled for him to get out of the car. he did not get out of the car at some point there officials believe he very likely took his own life with a self-inflicted gunshot wound and also, john, new details we are learning about the gunman s past according to the sheriff s office in el paso county, colorado. the gunman devin kelley was arrested there in august 2014 on an animal cruelty charge. according to records the witness who called to report the case saw devin kelley jump on a brown and white husky, a dog and punched the dog several times in the head and neck area, punched him several other times and then dragged the dog away. officials were called to confront kelley on that. he denied it according to the sheriff s office there. he did get a summons to appear in court, but he never spent any jail time for those charges, john. so he does have an animal cruelty charge in his past, as well.