WBCD, I'm not sure I think that guys opinion is correct. With respect to the first rule he cites (509), doesn't that read that least one of them has to consent to testify for the privilege to not apply? If Ray doesn't consent, and if she doesn't want to testify, I don't read that as requiring her to do so.
Likewise, I agree that any statements made by them prior to the marriage would not be covered, but I still don't think they can compel her to testify against him. The way I read those two rules in conjunction with each other is that you normally need both spouses to consent to one of them testifying to get around marital privilege, except in cases where one of them is the accused or the complainant. In that case, you don't need the consent, but I don't think it reads that you can compel testimony of a spouse against the other. Even if you could compel one spouse to testify against the other, would a prosecutor really do it? I don't practice criminal law, so I have no idea, but I always thought a spouse could never be compelled to testify against the other unless they volunteered to do so, or they both agreed to allow it.
That said, obviously, it doesn't matter like you said. The videotape would have been more than enough for a conviction, however I'm not following the point you're making about diversion program, if you're trying to make a point that is. Originally, his case was in municipal court, and he was getting ready to accept a plea deal, but isn't that when the prosecutor got his hands on the tapes and decided to give it to the grand jury, and then he got indicted for a felony, moving it to Superior Court? Once there, he became eligible for the diversion program, but according to that ESPN article, less than 1% of the people charged with the crime he was charged with were given the diversion program. Are you saying it's strange that he got charged with the felony given what he did? I thought from the minute I saw that video, he was charged correctly, but I was surprised and still am that the court allowed him into the intervention program.