By Sonya Magett, EnStars | Sep 06, 2013 11:33 AM EDT
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Holly Madison and her fiance' Pasquale Rotella are set to wed in Disney next week -- just nine days before he begins trial for embezzlement charges.
While the former Playboy model is excited to wed her fiance, an attorney not involved with the case considers the odd move of marrying shortly before his trial date "suspicious."
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Under California law, she will not be forced to testify in his trial.
Madison revealed the couple will have their nuptials held at Disneyland on September 10. The promoter is due in court on Sept. 19 to face charges that could put him away for 13 years. Rotella was charged for 29 counts for several offenses including embezzlement and conspiracy. If convicted, he faces a sentencing with a maximum of 13 years and 8 months in prison. When he was indicted, he was released on bail after shelling out $1.8 million.
"It does seem very suspicious that they would marry on the eve of trial," Los Angeles criminal defense attorney Dana Cole told RadarOnline. "That will definitely cancel out the ability of the prosecutor to call her as a witness."
If Rotella did not marry Madison, "She could testify to his extravagant lifestyle, that kind of thing," Cole said.
"It's called marital privilege," he explained. "There is no timeline set out. California law is very clear that a spouse cannot be compelled to testify against another. Whether the prosecutors are annoyed or not, trials involve a lot of steps and gamesmanships and that's what this could be. In one sense, it's clever. In another, it's depriving the jury of valuable information. But it's all totally lawful."
Madison has been dating the founder of Electric Daisy Carnival for more than a year. They share a home together in Nevada. The former Playboy model previously dated Hugh Hefner from 2002 to 2008.
She delivered their first child Rainbow on March 5. The former Playmate's child weighed 7 pound, 2 ounces.
"The Lost Reindeer" - David Hodges (Wallace Langham, right) has a conversation with Morgan Brody (Elisabeth Harnois) in the lab about his findings on the death of a man that was found at an elaborate Holiday party complete with real snow and reindeer, on CSI: CRIME SCENE INVESTIGATION, Wednesday, Dec. 11 (10:00-11:00 PM, ET/PT) on the CBS Television Network. Photo: Neil Jacobs/CBS ©2013 CBS Broadcasting, Inc. All Rights Reserved
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