Fought back with a hammer, and killed a man she says was attacking her. if convicted, she could be sentenced to death by lethal injection. prosecutors say the only other person who knows the truth is geneva case, and she s not talking. why is it that you don t want to testify? the issue is i have the right our relationship is our relationship, and i feel that i should be equal to everybody else. we should be the same. i should be the same as you, and i love her, and i think that, you know, we should have the same opportunity as anybody else out here. reporter: case is invoking spousal privilege, commonly used in court cases to protect spouses from testifying against each other. case talked exclusively with cnn, but would not discuss what she knows about the killing. she says she and clairy were separated at the time. but it was just a spat. so you still love bobbi jo? yes, i do, very much. reporter: even after all this?
It was nearly two years ago, clarey says it was self-defense claiming she was being raped and fought back with a hammer and killed a man she says was attacking her f convicted clarey could be sentenced to death by lethal injection. prosecutors say the only other person who knows the truth is geneva case, and she is not talking. why is it that you don t want to testify? i have the right, our relationship is our relationship, and i feel that i should be looked equal to everybody else. we should be the same. i should be the same as you and i love her, and i think that we should have the same opportunity as anybody else out here. case is invoking spousal privilege, commonly used in court cases to protect spouses from testifying against each other. case talked exclusively with cnn, but would not discuss what she knows about the killing. she says she and clairy were separated at the time. but it was just a spat. so you still love bobbi jo?
Spouses from testifying against each other. case talked exclusively with cnn, but would not discuss what she knows about the killing. she says she and clairy were separated at the time. but it was just a spat. so you still love bobbi jo? yes, i do, very much. reporter: even after all this? even after all this. i ll always lov her. reporter: the two women entered into a civil union in vermont a decade ago, but the problem is, this isn t vermont. it s kentucky. and here, same-sex marriage is constitutionally banned. prosecutors would not talk with us before the hearing, but in a court filing, they wrote, quote, the husband/wife privilege, which protects spousal testimony and marital communications, is not applicable in this case, because the marriage of bobbye jo clary and geneva case are not married. they are ordering case to