The 9th U.S. Circuit Court of Appeals has rejected accused killer Joshua Wade's effort to keep a witness from testifying. The federal court ruled this week that the spousal exemption to testifying would not apply to Lisa Andrews, 46, who married Wade in jail. Wade's defense attorneys had tried to delay the trial until the marriage issue was resolved, which could have pushed the trial back by as much as a year.
The appeals court ruled that Wade can appeal the issue post-trial, if convicted.
Wade, now 29, is accused of kidnapping and killing his Sand Lake neighbor, 52-year-old Mindy Schloss. Her body was found in September 2007.
Prosecutors say the marriage was a farce to keep Andrews from testifying.
Wade's trial is scheduled for August in Fairbanks. He faces the death penalty.