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
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.