State v. Gaudet

Connie Gaudet mysteriously disappeared in 1984. Connie’s husband, Dale Gaudet (defendant), obtained a divorce and married Donna Foret in 1985. Dale and Foret lived in the house where Dale had lived with Connie until Dale and Foret divorced in 1988. Dale sold the house a few years later, and the new owners discovered human remains that were determined to be Connie’s. The State of Louisiana (plaintiff) charged Dale with second-degree murder. At Dale’s trial, Foret testified about three occasions on which she heard Dale speaking to Connie when Dale did not think Foret could hear. One time, before Foret and Dale were married, Foret heard Dale apologize to Connie for what he did and tell Connie how much he and the couple’s children missed her. Foret testified that when Dale realized Foret was in the room with him, Dale and Foret argued, and Dale told Foret not to let anyone know that Dale’s remarks had upset her. After Foret and Dale were married, Dale apparently began imagining that Foret was Connie. On one occasion, Dale was getting ready for work in a different room from Foret, and Foret heard Dale call Connie’s name and compliment Connie for things that Foret had done. Foret testified that she asked Dale about his remarks, but that he told Foret she was hearing things. On another night, after Foret and Dale had sex, Dale went into the bathroom, and Foret heard Dale tell Connie about their children and compliment Connie for Foret’s sexual performance that evening. Foret testified that she confronted Dale about these remarks, but that Dale told Foret she had been dreaming. The jury ultimately found Dale guilty of second-degree murder, and he appealed, arguing that the trial court should not have let Foret testify regarding Dale’s statements because the statements were protected by the spousal privilege.