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

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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

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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

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It finally happened. The Arkansas Supreme Court removed Judge Barbara Elmore from Aaron Spencer's second-degree murder trial. This is the same judge who was already reversed in May 2025 when the high court called her gag order a "plain, manifest, clear, and gross abuse of discretion." Seven months later, she imposed new restrictions—55-person trial limit, no cameras, no overflow room. The Supreme Court didn't just reverse her this time. They pulled her entirely and appointed retired Judge Ralph Wilson to take over.

Three justices—Bronni, Womack, and Hiland—have wanted Elmore off this case since May. They were outvoted then. The majority caught up now. And the Supreme Court went further, granting a Writ of Certiorari that opens the door to reviewing prior rulings Elmore already made. This could change everything.

Defense attorney Bob Motta breaks down exactly what happened, why judicial removals are so rare, and what it signals when a state's highest court decides a sitting judge cannot be trusted to handle a case. We examine Elmore's connection to Michael Fosler's original sex crimes case—the one where he got $5,000 bond and ended up with Spencer's daughter again. We discuss the fourteen Republican legislators who raised concerns about fair trial rights before the Supreme Court ruled. And we look at what a fresh judicial perspective could mean for Aaron Spencer's defense.

#AaronSpencer #JudgeBarbaraElmore #ArkansasSupremeCourt #JudicialRemoval #MichaelFosler #BobMotta #LononkeCounty #WritOfCertiorari #FairTrial #SpencerCase

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This is the update we've been waiting for. The Arkansas Supreme Court has removed Judge Barbara Elmore from Aaron Spencer's murder case. Every ruling she made is now under review.

For over a year, this judge has tried to bury this case. She released Michael Fosler — the man charged with 43 felonies against Spencer's daughter — on bond. When Spencer was charged with murder, she got that case too. She dropped a gag order so broad the Supreme Court called it "a plain, manifest, clear, and gross abuse of discretion." They warned her. She ignored it. She restricted courtroom access again without a hearing, without evidence, without constitutional basis.

She refused to step aside. The Supreme Court made her.

Now 14 Arkansas state legislators have filed a formal complaint with the Judicial Discipline and Disability Commission. The dashcam evidence that could support Aaron's self-defense claim is missing. The detective's story doesn't add up. Prosecutors want to use footage from three months before the shooting to argue premeditation — a father's grief twisted into motive.

The trial is on hold. A new judge will be appointed. Aaron Spencer continues his campaign for Lonoke County Sheriff. The primary is March 3rd.

Judge Elmore faces no consequences yet. But the system is finally watching. And the truth is finally getting its day.

#AaronSpencer #JudgeElmoreRemoved #ArkansasSupremeCourt #HeroDadOnTrial #MichaelFosler #LonokCountySheriff #JusticeForAaron #SelfDefense #ProtectYourFamily #FathersRights

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Defense attorney Bob Motta analyzes the legal battle Aaron Spencer faces — and compares it to another high-profile murder case where the questions are completely different.

Spencer goes to trial in one week for killing Michael Fosler, a 67-year-old man facing 43 felony charges for alleged crimes against Spencer's 13-year-old daughter. Fosler posted $50,000 bond and got a no-contact order. Three months later, Spencer's daughter was missing at 1 AM — and he found her in Fosler's truck. Spencer rammed the truck, fired 16 shots, and called 911.

Prosecutors have body cam footage from three months before the shooting where Spencer allegedly sought out Fosler's address and made statements about handling things himself. They say this was premeditation. But under Arkansas law, justification for defense of another person is an element the prosecution must disprove beyond a reasonable doubt. The defense doesn't need jury nullification — they have statute.

The dashcam from Fosler's truck never made it into evidence. The SD card sat in a detective's office for over a year. That missing footage could have shown what happened before Spencer fired.

Motta also breaks down the McKee case — where prosecutors allege Dr. Michael McKee used a suppressor to kill his ex-wife Monique Tepe and her husband Spencer. That's premeditation of a different kind. But with no forced entry and no disclosed motive, there are gaps the defense will exploit.

Two cases. Two legal standards. And the question at the heart of both: when does the law say you have the right to kill?

#AaronSpencer #MichaelFosler #BobMotta #ArkansasTrial #DefenseOfOthers #MichaelMcKee #MoniqueTepe #SpencerTepe #JustificationDefense #TrueCrime

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Everything changed just after 1 AM. Aaron Spencer's 13-year-old daughter — the same girl Michael Fosler was facing 43 felony charges for allegedly victimizing — was missing from her bed. Spencer found her in Fosler's truck, heading toward Fosler's house. Three months earlier, Fosler had posted $50,000 bond and gotten a no-contact order. That order was allegedly violated with the victim physically in his vehicle.

Spencer rammed the truck into a ditch. Fired 16 shots. Fifteen hit Fosler. Then Spencer called 911 and said Fosler was dead on the side of the road for trying to kidnap his daughter. Now Spencer faces second-degree murder charges. His trial begins in one week.

Defense attorney Bob Motta breaks down why Arkansas law may be on Spencer's side. Under state statute, justification for defense of another person is an element the prosecution must disprove beyond a reasonable doubt. The defense doesn't need jury nullification — they have a legitimate legal path to acquittal.

But prosecutors aren't backing down. They just won a ruling to introduce body cam footage from July 2024, three months before the shooting, where Spencer allegedly sought out Fosler's address and made statements about handling things himself. The state says this wasn't protection — it was premeditation.

There's also missing evidence. The dashcam from Fosler's truck sat in a detective's office for over a year and never made it into evidence. The defense is arguing spoliation. That footage could have shown exactly what happened in the moments before Spencer pulled the trigger. Over 361,000 people have signed petitions supporting Spencer. He's now running for sheriff while awaiting trial.

#AaronSpencer #MichaelFosler #AaronSpencerTrial #BobMotta #DefenseOfOthers #ArkansasLaw #ChildProtection #JustificationDefense #Spoliation #TrueCrime

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