Aaron Spencer's Murder Defense—Bob Motta Explains What It Takes to Win

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.

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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.