Partner seeks spousal privilege in court case

A motion has been filed to prevent the man's testimony.
TORONTO GLOBE AND MAIL
NEW YORK -- Nearly five years after Stephen Signorelli and Frank Tassone exchanged vows during a Caribbean cruise, Signorelli is hoping their 33-year relationship will prevent Tassone from testifying against him and possibly sending him to jail for fraud.
In a case that seeks to expand the rights of same-sex couples in New York, Signorelli's lawyer, Kenneth Weinstein, has filed a motion arguing that the state law that prevents married spouses from testifying against one another should also cover homosexual couples.
"Our position is that that statute must be read in a gender-neutral fashion so as not to discriminate against any individual by virtue of his or her sexual orientation," Weinstein said in an interview.
In an affidavit filed with Weinstein's motion last week, Signorelli said that "Mr. Tassone and I have been loving partners for 33 years ... and, in February, 2001, had a solemn religious ceremony to memorialize our relationship and our love for one another."
Tassone's lawyer, Edward Jenks, however, argued the state law does not protect same-sex couples and that his client can therefore fulfill a plea bargain agreement to testify against Signorelli.
Relationship of convenience
Besides, Jenks said, the formal relationship was one of convenience rather than a serious commitment. It was meant to protect the roommates' stake in a rent-stabilized apartment on Manhattan's affluent Upper East Side where they still live together, and to allow Tassone to receive medical benefits under Signorelli's benefit plan.
Jenks said Tassone has long considered the relationship "more Platonic than sexual," though he "went along" with the exchange of vows, and registered as partners in order to enjoy the benefits that provided.
"There certainly was a [sexual] relationship at one point, but I think it sort of disintegrated," Jenks said. "But they still are the closest of friends; it's just not a sexual relationship."
A judge is scheduled to rule on the motion next week.
Neither same-sex marriages nor civil unions are recognized in New York state, though New York City does allow couples to register same-sex partnerships, which this couple did about a year after their wedding.
That lack of legal protection is just one example of the benefits lost to gay couples when they can't marry, said lawyer David Buckel, a senior counsel with Lambda Legal fund, which is battling in state courts for recognition of same-sex marriages.
Tassone and Signorelli are charged with participating in a scheme to defraud $11 million from a school board in Long Island, which was billed for personal expenses and, through phony invoices, for services not rendered.
In September, Tassone, the former district superintendent, entered into a plea bargain that provided a lighter sentence in exchange for testimony against others involved in stealing from the Roslyn District School Board.
Signorelli, one of those implicated, is accused of inflating invoices to the board from his software company and paying kickbacks to his partner.