is fraudulent include but are not limited to the timing of the union, whether the couple intends to live together as husband and wife, and whether the couple entered the marriage in good faith. In re Grand Jury Proceedings (84-5), 111 F.2d 508, 509 (9th Cir.1985) (stating mere suspicious timing of union does not alone support finding of sham marriage, where individuals had live-in relationship for some time before subpoena was served on one individual to testify against other individual before grand jury). In this context, when enough facts show the marriage was fraudulent, the spousal testimony privilege cannot be invoked; and a court can compel one spouse to testify against the defendant other spouse in a criminal proceeding. United States v. Mathis, 559 F.2d 294, 298 (5th Cir.1977) (<HOLDING>). The second approach to the spousal testimony
holding that right to testify not denied where inter alia defendant made no objection to his attorneys statements that defendant would not testify and made no request to testify holding trial court erred in finding purported wife unavailable to testify and admitting her sworn prior statements in lieu of her live testimony where record did not support courts ruling in light of its own finding that remarriage of wife and defendant was fraudulent and wife did not refuse to testify if claim of privilege was denied holding that trial court did not err in finding that wife was at least somewhat capable of supporting herself where evidence of wifes depression and other mental health problems was uncontested but where other evidence showed that these conditions did not totally bind her to the family home and that wife had been financially successful in the past holding that because the wife failed to present any evidence as to the legal services performed in the trial court the wife was not entitled to a second hearing to establish attorneys fees holding a wife liable for necessary medical expenses incurred by her husband under the doctrine even though the wife did not sign as a guarantor and did not request that her husband be admitted nor anticipate that her husband would be admitted