The Arkansas Supreme Court just removed Judge Barbara Elmore from Aaron Spencer's case and granted a Writ of Certiorari to review every ruling she made. This is extraordinary. Three justices wanted her gone since May, when the high court struck down her gag order as a "plain, manifest, clear, and gross abuse of discretion." Seven months later, she imposed new restrictions on public access. The Supreme Court didn't just reverse her this time—they pulled her off the case entirely, 48 hours before trial. Elmore is the same judge who released Michael Fosler on bond after he was charged with 43 felonies including alleged rape of a minor, sexual assault, and child pornography. Fosler is the man Aaron Spencer killed after, according to the defense, he showed up with Spencer's 14-year-old daughter in his vehicle at 1 a.m.—despite being ordered to stay away from minors. Spencer told authorities he rammed Fosler's truck off the road and shot him after Fosler allegedly lunged at him. Now 14 Republican state legislators have filed a formal complaint with the Judicial Discipline Commission about fair trial concerns. Retired Judge Ralph Wilson—31 years on the bench, known as a champion for children—is taking over.

The defense will likely file motions asking Wilson to reconsider Elmore's prior rulings. The dashcam footage that could have supported self-defense reportedly vanished weeks before trial. But the bodycam showing Spencer's grief when he learned about his daughter? Prosecutors want that in front of the jury. Defense attorney Bob Motta was in that courtroom when the news broke. He analyzes what the judicial removal means, what the Writ of Certiorari allows, and whether the prosecution might finally reconsider charges the public has turned against. Spencer is still running for Lonoke County Sheriff. Judge Elmore is back on the bench Monday morning.

#AaronSpencer #JudgeElmore #ArkansasSupremeCourt #MichaelFosler #BobMotta #LononkeCounty #JudicialRemoval #SpencerCase #DefenseOfOthers #TrueCrime

Join Our SubStack For AD-FREE ADVANCE EPISODES & EXTRAS!: https://hiddenkillers.substack.com/

Want to comment and watch this podcast as a video? Check out our YouTube Channel. https://www.youtube.com/@hiddenkillerspod

Instagram https://www.instagram.com/hiddenkillerspod/
Facebook https://www.facebook.com/hiddenkillerspod/
Tik-Tok https://www.tiktok.com/@hiddenkillerspod
X Twitter https://x.com/tonybpod

Listen Ad-Free On Apple Podcasts Here: https://podcasts.apple.com/us/podcast/true-crime-today-premium-plus-ad-free-advance-episode/id1705422872

This publication contains commentary and opinion based on publicly available information. All individuals are presumed innocent until proven guilty in a court of law. Nothing published here should be taken as a statement of fact, health or legal advice.

Defense attorney Bob Motta delivers comprehensive legal analysis on Aaron Spencer's murder case after the Arkansas Supreme Court removed Judge Barbara Elmore—and examines what the McKee-Tepe case tells us about high-stakes murder defense.

The Spencer portion covers everything. What it takes for a state supreme court to remove a sitting judge. Why three justices wanted Elmore gone since May. What the Writ of Certiorari means for prior rulings. How defense-of-others works when the prosecution has Rule 404(b) statements about killing Fosler. Whether "you should have called 911" holds up when a 14-year-old is in immediate danger with her alleged rapist.

We also examine the McKee-Tepe case because it illustrates a completely different defense philosophy. Diane Menashe got Dr. William Husel acquitted of fourteen murders by calling one witness. She doesn't build defenses—she destroys prosecutions. Now she's representing McKee against ballistics evidence, surveillance footage, vehicle tracking, and a suppressor specification.

Two cases. Two approaches. Bob Motta breaks down what they mean for murder defense strategy, how the Spencer defense should proceed with a new judge, and what both cases reveal about the American criminal justice system.

#AaronSpencer #BobMotta #JudgeElmore #MichaelMcKee #ArkansasSupremeCourt #DefenseOfOthers #DianeMenashe #MurderDefense #SelfDefense #SpencerCase

Join Our SubStack For AD-FREE ADVANCE EPISODES & EXTRAS!: https://hiddenkillers.substack.com/

Want to comment and watch this podcast as a video? Check out our YouTube Channel. https://www.youtube.com/@hiddenkillerspod

Instagram https://www.instagram.com/hiddenkillerspod/
Facebook https://www.facebook.com/hiddenkillerspod/
Tik-Tok https://www.tiktok.com/@hiddenkillerspod
X Twitter https://x.com/tonybpod

Listen Ad-Free On Apple Podcasts Here: https://podcasts.apple.com/us/podcast/true-crime-today-premium-plus-ad-free-advance-episode/id1705422872

This publication contains commentary and opinion based on publicly available information. All individuals are presumed innocent until proven guilty in a court of law. Nothing published here should be taken as a statement of fact, health or legal advice.

The judge is gone. Now Aaron Spencer has to beat the murder charge. Second-degree murder under Arkansas law means purposely causing death without premeditation. The prosecution says Spencer killed Michael Fosler with purpose. The defense says he saved his daughter from the man who allegedly raped her—a man out on $5,000 bond with 43 counts including sexual assault, internet stalking of a child, and child pornography. A man who was in a vehicle with that 14-year-old at 1 a.m. after she disappeared from her bedroom.

Spencer rammed Fosler's truck off the road and says Fosler lunged at him with something in his hand. The prosecution won a Rule 404(b) motion allowing statements Spencer allegedly made three months before—statements about killing Fosler if he came near his daughter again. That's the premeditation evidence. That's what the defense has to overcome.

Defense attorney Bob Motta breaks down exactly what defense-of-others requires in Arkansas, how the prior statements can be contextualized, and whether the prosecution's "you should have called 911" argument holds water when a child is in immediate danger with her alleged abuser. We examine how to use Fosler's criminal history effectively, what Spencer's sheriff campaign means for jury selection, and what the new judge could change about this case. If you've been following Aaron Spencer, this is the legal analysis you need.

#AaronSpencer #MurderDefense #BobMotta #DefenseOfOthers #SelfDefense #MichaelFosler #Rule404b #LononkeCounty #SecondDegreeMurder #SpencerCase

Join Our SubStack For AD-FREE ADVANCE EPISODES & EXTRAS!: https://hiddenkillers.substack.com/

Want to comment and watch this podcast as a video? Check out our YouTube Channel. https://www.youtube.com/@hiddenkillerspod

Instagram https://www.instagram.com/hiddenkillerspod/
Facebook https://www.facebook.com/hiddenkillerspod/
Tik-Tok https://www.tiktok.com/@hiddenkillerspod
X Twitter https://x.com/tonybpod

Listen Ad-Free On Apple Podcasts Here: https://podcasts.apple.com/us/podcast/true-crime-today-premium-plus-ad-free-advance-episode/id1705422872

This publication contains commentary and opinion based on publicly available information. All individuals are presumed innocent until proven guilty in a court of law. Nothing published here should be taken as a statement of fact, health or legal advice.