The state Court of Appeals has ruled that crying wasn't spousal communication in the case of a man whose wife said his tears were her first clue that he might have attacked a woman.
Lesiba Simon Matsoake appealed his 2014 conviction for a rape that occurred in June 2003 on a Kill Devil Hills beach. His now ex-wife, Ruth Hart, says her husband started crying when he looked at a composite sketch of the victim's attacker. She contacted police in March 2007.
The evidence showed Matsoake's DNA matched that taken from the victim, and he was indicted. He was extradited from his native country of South Africa in 2012.
His defense attorney argued crying is a form of spousal communication. The court unanimously rejected that argument Tuesday.
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