Part 2 | A Father’s Stand: The Case of Aaron Spencer

0:08 However, one of the Welcome Back to exposed I'm back with the second episode and the final episode in the Aaron Spencer series. Now the last time that I left you. In part one, Aaron Spencer had announced that he was running for sheriff. I told you about the campaign, how intense it was, but how relatively short it was in the grand scheme of things. And on March third of twenty twenty six, those voters spoke and Aaron Spencer won the Republican primary for Lonoke County Sheriff with more than fifty three percent of the vote. He actually defeated the longtime incumbent John Stanley in a third candidate by the name of David Buford. Now, the unofficial result showed Spencer receiving roughly fifty four hundred votes compared to Stanley's approximately twenty six hundred and seventy six votes in Buford's twoenty twelve votes. It was a stunning upset. Now, a man still facing second degree murder chargers had just won the nomination to become the top law enforcement officer in his county, in a place where Donald Trump had won nearly seventy six percent of the vote in a previous presidential election.

1:23 So Spencer's victory signaled a significant portion of this Republican base was willing to back him despite or even perhaps because of his legal situation. Now, this win, as. You can imagine, since shockwaves through Arkansas politics. It also created an unprecedented situation. If Spencer were convicted before the November general election, he wouldn't be able to take office, but if he was acquitted or if the charges were dropped, he would be the heavy favorite to become sheriff in a solid Republican in county. So that primary victory also changed the dynamics of the case. It gave Spencer a new platform. It also put additional pressure on the legal proceedings, and I think that is key, and it kept this story in a national spotlight. So while Spencer was campaigning and celebrating that primary win, his legal case would continue to move forward behind the scenes, and he gets a trial set and that trial was set for June of twenty twenty six. But in the weeks leading up to that date, something shocking happened. On June fourth, twenty twenty six, just a few weeks ago from this recording, Special Circuit Court Judge Ralph Wilson Junior. He dismisses the second degree murder charge against Aaron Spencer, and that ruling came in a detailed, nineteen page order. Now, while this is lengthy,

2:55 it is probably the most important piece in this entire story. I'm going to review it. It's important for you to hear. I just don't think summarizing it would do the story justice. And it starts out giving a background. It says, according to the affidavit for rest on October eighteenth, twenty twenty four, at approximately one thirteen, deputies responded to a call in reference to a missing juvenile. And it goes through everything that I told you. I didn't leave anything out when I read that affidavit, so I'm not going to review that again. But it goes through it, and then it says this court takes judicial notice that the victim in this case, Michael Fossler, was charged by information on September fourth, twenty twenty four, in Lanok County Circuit Court. And it goes through the case number and it says with forty three sexual related offenses, two of which were felonies, and defendant's minor daughter as an alleged victim.

3:53 The alleged defense dates. Were between June one of twenty twenty four through July fifth of twenty twenty four. In county. There is a faint copy of an unfiled form document under the heading in Circuit Court of Lenokee County, Arkansas, with penning charges box checked and styled pre trial order and goes on to say the defendant shall I have no contact either directly or indirectly by a person, telephone, mail, social media with any minor. The court also takes judicial notice that Michael Fossler did not appear before Lannoe County District Court Judge for a first appearance. Although the document referenced above was in the Lynoake County Circuit Court, it was signed by Lenokee County District Judge, was unfiled and wasn't discovered by defendant discovery request until late twenty twenty five. Furthermore, Michael Fossler's first appearance was on September sixth, twenty twenty four, when he appeared with counsel, entered a waiver with a pre trial date set for December third of twenty twenty four.

4:56 Under our legal system, Michael Fossler was presumed to be in innocent. One of the things that mentions in this opinion is it talks about some bad faith issues. It says an issue here is the dash camera found by Lenokee County Sheriff's Office deputies and a detective on duty in the alleged victim, Michael Fossler's truck, at the scene of the events given rise to this case in the early morning hours of October eighth, twenty twenty four. The dash camera, mounted on the front windshield just to the right of the rear view mirror of the decedent's truck, had a dual camera, allowing it to record events both in the front of the truck, inside the truck, and potentially behind the truck. LCSO Detective Robbie McCain at the scene removed the dash camera from the windshield without its original position on the windshields, truck being recorded, photograph sketch as part of the crime scene, nor the dash camera itself photographed or recorded, and it makes a point of that, says collection of evidence policy. After locating an item pertinent to the case under investigation, it should not be disturbed until it has been photographed, measured, its position recorded on the crime scene sketch and entered into the officer's notebook, and they added some emphasis there. Detective McCain's actions on that morning violated that procedure. According to an inspection by Jason Stachee, a retired Hot Springs police chief who testified under oath at a December twenty twenty five pre trial hearing,

6:28 the dash camera mount was broken when it was removed from the windshield of the decedent's truck, and the dash camera's internal settings were not preserved and its internal battery was allowed to drain, resulting to a default setting of August first, twenty twenty four, which probably rendered the dash camera. Useless after that time. As for the SD memory card found within the dash camera, Detective McCain stated in his affidavit of December second, twenty twenty five, that he noticed the dash camera had a micro SD card inserted in it. Detective McCain removed the micro SD card out of the dash camera, placed it into an adapter for regular sized SD card into a card reader, and opened it on his computer. He said he viewed three videos of fifteen minutes in a fourth less than fifteen minutes. He further stated that he placed the micro SD card back into the dash camera and placed it into the original Manila envelope. This is controverted by an expert witness for the purpose of the pre trial hearing. According to Jason Stachee's affidavit, Detective McCain and a lieutenant stated it's not standard practice to manipulate electronic devices of check for SD cards before sending the advice to the AG's Digital forensics unit. They said the reason for this policy is not to manipulate the electronic devices at all, because doing so takes his chance of wiping data and everything else. Furthermore, stage he said detective McCain was trained to not remove SD cards because of the

7:58 risk of wiping day data and that he meaning Detective McCain, like other LCSO officers, generally do not check whether a device contains expanded memory. Finally, according to the affidavit, Detective McCain said they disliked manipulating any equipment before it was sent to vag's office. This is a major fucking problem, y'all, because that contained evidence from the scene before any officers were there. It would tell everybody exactly what happened after removing the SD card from the dash camera. Detective McCain did not photograph the SD card, record its storage size, or market as a separate item of evidence. Contrary to policy, actions taken by Detective McCain in this case appear to violate Section two Identification of evidence, which reads, all recovered evidence must be immediately marked or labeled in order to assure its proper identification at a later date. Further, each piece of evidence must be marked when it's removed from the original position. Evidence will be marked by use of deputies initial and evidence slash case number when practical. The date of recovery, case number and similar ID shall be fixed to the exhibit whenever possible. Additionally, it states the integrity of evidence may be further protected by selecting a container that will guard against damage or contamination, and it even gives some recommendations place each item in its own

9:30 container or paper wrapping, and after the article has been marked, place in a container seal it a labeler tag will be affex Deputies must also log all property in the property section in their report so that the custudying can properly maintain the chain of custody, and it talks about that chain of custody. It says the. Correct methods used collecting, identifying, and packaging evidence may be nullified if an officer cannot account for all persons who have handled, examined, or stored the u evidence. Each deputy is responsible for. Maintaining the chaining, possession, and protecting the integrity of his or her evidence, and it goes on to read the court finds that Detective McCain's actions did not comply and violated policy in the ways enumerated. Another area concern is the information contained within the Tim Griffin Attorney General Requests for Forensic Examination form. The form shows an item of evidence E one, a black ten eighty p camera was submitted by Sergeant Carla Lucas. This was on November fourteenth of twenty twenty four and received by Amber Kalmer. Within the large box on the upper right hand of this form is the box quote on site preview and it has checked unk, which we are presuming means unknown. This item of evidence, presumably the DASH camera, was returned to the Linote County Sheriff's Office on ten sixteen of twenty twenty five. Some eleven months later, in the Sheriff's Office.

11:00 Evidence detail format was listed that this evidence was sent to the AG's office ten fourteen, twenty twenty four, and checked back in on ten sixteen of twenty twenty five. This form indicates the acquired location was Michael Fossler's windshield and this item of evidence was acquired on October eighth, twenty twenty four, acquired by Robbie L. McCain and given evidence number e eighty five. So right here they're mentioning the AG's office return that camera, and all of a sudden, the freaking camera is gone. No one knows where it's at. Once it was received back at the Lynotte County Sheriff's Office. It says between those two dates or a series of emails between the prosecutor and Defense Council. The first email's disclosure from the prosecutor to the defense to let her know about the dash cam that was apparently in the decedents truck that was taken into evidence by LCSO after the incident, and that detective McCain took the micro SD card out and reviewed the video on it, but all the files, according to Detective McCain, showed to be after the incident and just showed blue lights in the background and no other exculpatory evidence. The email also indicated the dash cam unit, along with the SD card, were sent to the AG's office to do a forensic exam, but it has come up missing. The email also referenced detective McCain unplugging the dash cam. A follow up email stated there was no internal storage within the dash cam and that the crux of this is missing, lost or destroyed,

12:33 not preserved by the state. The court is unable to discern whether the AG's office informed LCSO the memory card was missing, so they get a camera, but they don't get the main piece of evidence, which is the SD card inside that freaking camera. This detective took it out and evidently lost it allegedly. But according to this evidence, there's one last discrepancy before moving on to December seventeenth, eighteen, twenty twenty five pre trial hearing transcript, and that is the LCSO evidence detail form also indicated this dash camera item of evidence was sent to the AG's office on Tien fourteen, twenty twenty four, whereas the AG form list above showed that the office received the dash camera eleven fourteen, twenty twenty four. The state asserts it's just a clerical error, so they had a wrong date as a matter of fact a month later, and that could be just a typo whatever.

13:31 But when you're dealing with evidence, all that's important. You can't have. Discrepancies like this. So you can see this is sloppy shit right here. Then it goes on it, says Detective McCain's testimony at December twenty twenty five pre trial hearing. Points one. Detective McCain did not photograph the dash camera position or location and did not document its existence in the incidet report. Isn't that weird? Never even mentioned the fact that there was a dash camera. Detective McCain admitted that the camera was not logged into evidence, but was instead stored in his personal office where either of him the evidence room and oversight. It wasn't logged into the system and it got missed. So his testimony is, I had it, but I had it in my office and when it was time to put all the evidence and the evidence room, this being I would say, the key piece.

14:24 Of evidence he forgot and it just got missed. It was it was an accident, basically. Point number three of the dash camera was not logged into evidence until over a year after it was collected, which is a violation of preservation of evidence procedure. Yes, that's a big problem. Point number four. Detective McCain removed the memory card from the dash camera before logging it into evidence, and we've already covered that's a big policy violation. Five. Detective McCain said this was the only dash camera he has ever seized during an investigation. Six. After viewing the contents of the memory card, Detective McCain testified he placed the card back inside the camera, placed the camera in an untaped envelope, and put the envelope in his office cabinet rather than logging it into evidence.

15:12 I don't need to tell you how big of an. Issue that is. It has a note below that says pre trial expert witness bringing purchase noted the SD memory card snapped securely within the dash camera, so they're basically saying if it was put back in there, there's no way it could fall out. Point number seven. Sergeant Carla Lucas took the dash camera from LCSO to the AG's office on November fourteenth to twenty twenty four for examination. Point number eight, The AG's office did not receive the memory card containing the data from the dash camera the dash camera itself. Does you know good without the freaking memory card, because that's what all the information records to Point number nine, none of Detective McCain's actions regarding the dash camera were documented in any database or log a violation of procedure.

16:03 Point number ten. Detective McCain's failure to place the dash camera into evidence resulted in the camera not being logged into the system of evidence until October sixteenth of twenty twenty five, a year later. Point number eleven. There was no mention of the existence of a dash camera in any discovery or law enforcement document until it was returned from the AG's office on October sixteenth, twenty twenty five. When Detective McCain listed the dash camera into evidence, the SD memory card and dash camera should have been listed as two entries if they were separated, so if he did indeed pull it out, that should have been another entry. Right point number twelve. The Sheriff's Office typically sends electronics computer's phones to the AG's office for examination.

16:49 In this case, with the exception of the dash camera, LCSO sent all other items memory cards, phones, computers, tablets to the AG's office without first attempting to view them in the office. Point number thirteen, Detective McCain did not document accessing the SD card or what he said he saw when he did, so there's reasonable possibility he didn't see what he said he saw. Based on the sworn testimony of expert witness Brandon Purchase and affidavit of Jason Stachy, the powering the camera off does not delete anything from the SD card. However, the court was not present at the PT hearing, so no credibility. Fines can be made.

17:30 So what they're basically saying there is his testimony apparently was he turned the dash cam off and he thinks when he did that, it would have deleted whatever was on that SD card, which these experts say bullshit. Then it goes on to reference other testimony during that hearing and it says a lieutenant stated Detective McCain's failure to document the removal of the dash camera from the Decedents truck and pulling the SD card out obviously violated policy. We've covered that. There was other testimony at this pre try hearing that indicated the decedents truck accessory was still powered up and running the video camera, and that Detective McCain unplugged the dash camera and powered down, and that a splash scream went off, which was disputed by branding purchase.

18:20 But the court will not make a credibility find on that issue. There were other testimony at this same pre try hearing that indicated the AG Special Agent Ambercalmer, found no SD memory card when she opened the package containing the dash camera, and that there were six SD memory cards found in the decedent's house and six SD memory cards found in the decedents truck in separate searches by LCSO in view of these deviations from policy and procedures and outright violations of procedures and best practices, and here's an important sentence, this establishes a pattern of policy and procedure violations and gives the appearance of a cover up.

19:02 Let me say that again. The court found it gives the appearance of a cover up. The state argues that the series of violations were mistakes, errors, negligence, and unintentional. Not amounting to bad faith. The state further argues the definition of bad faith is limited to the definition set forth in another case, and they call it the Starks case, and it says the case said sighting in their citing case law when law enforcement followed their standard operating procedures typically shows a lack of bad faith. Conversely, it could be logically argued that failing to follow a standard operating procedures is evidence of bad faith when combined with other factors as you see here defendant his citing cases from other jurisdictions of bad faith.

19:49 So what they're arguing here is, I mean, the court is basically saying it sure looks like a freaking cover up in the States, saying I know this was just a big sea series of mistakes. It wasn't a cover up, And what else would you expect them to say? Honestly? It goes on to talk about some evidence a transcript actually of the December twenty twenty five pre trial hearing, and it said that LCSO officers McCain, Lucas and McCraney acknowledged the evidentiary significance of the dash camera. So they were asked under oath, hey would you consider this dash camera important? And they had to admit, yes, very important.

20:31 Both McCraney and Detective Lucas answered yes when asked immediately if they recognize the dash camera as an item of evidentiary value. Defendant is advocated that is logical and legitimate. The dash camera would provide a sculpatory evidence assuming the dash camera was working and was operational as it was plugged in at the time it was removed. Defendant asserts the working dash camera would have provided Number one the decendents of the defendant's daughter. Number two the decedents directives to defendant's daughter in the truck. Because this recorded voice and video. Number three defendant's attempt to get the decendant to step out of the truck and the decedent's refusal to do so.

21:16 And number four the decedents active fleeing from the defendant with the defendant's daughter in the decedent's control. Number five defendants successful effort to safely maneuver the decedents truck into a driveway. Number six the decedent's aggressive exit, including the language he used when he exited the vehicle, and all of that could have exonerated this guy right from the start. So why is it missing that's so important to this case? Y'all? I cannot hammer that down enough. It sure is freaking convenient that the one piece of evidence that could have ended this whole thing went missing. If you're in Arkansas, especially if you're in this county, I would be pissed.

22:05 The court further notates that the statement's response agrees with the defendant regarding whether the dash cam is a. Major piece of evidence. Let's just say that based on this evidence and the defendants argument, the court finds the defendant has proven his case and I'm going to jump to what. They call the remedy. It says, defendant Aaron Spencer filed a notice of intent to raise justification as a defense on December third, twenty twenty four. Specifically, defendant has raised the defenses affording him and it references the codes. It says, having found a due process clause violation, this Court finds the loss or destruction of the internal SD memory card of the dash camera has adversely impaired the defendant's ability to defend himself pursuant to these defenses, and thus his right to a fair trial. The next issue is that of a remedy in this case, and the court acknowledges a dismissal is an extraordinary and extreme remedy. However, based on the totality of circumstances and the unique, specific in particular facts and circumstances of this case, the court finds the conduct by law enforcement with so egregious that dismissal of this case is warranted. Therefore, the case is dismissed. Boom, June fourth, twenty twenty six.

23:30 Bye bye. This dude is a free man, and everybody ought to pour out a little bit of alquer for that. Now this outcome, it raises important questions to go far beyond one man in one county. What does it say about our justice system when evidence is mishandled which leads to the dismissal of serious charges? How is a community? Can you balance accountability for law enforcement with the need to prosecute serious crimes? And what does air and Spaceincer's journey from a keys murderer to primary winner to a man whose charges were dismissed tell us about public frustration with the justice system, especially with cases involving the protection of children. They're not easy questions, folks and reasonable people can disagree about the answers, but one thing is clear.

24:20 Aaron Spencer's story is no longer just about what happened on a dark road in October. Of twenty twenty four. It has become a story about a father who challenged the system, a community that responded at the ballot box, in a court that ultimately found the process itself have been compromised. Now, while the US. Justice system is not perfect, I'll stand ten toys down that this is the best in the world. And even with this case, in the end, the system worked. It's just the lengths that it took to get there is what concerns me. So what comes next for Aaron Spencer, for his family, for Lenoke County, and for the broader questions This case is raised across Arkansas and really beyond.

25:07 And let's start with the most immediate reality. With the charges dismissed, Aaron Spencer, He's once again a free man in the fullest sense. He is no longer a defendant. He's a Republican nominee for Lenoke County Sheriff in the November twenty twenty sixth general election, and his opinion in that election is a Democrat by the name of Brian Mitchell, Senior. Now Lenoke County I already told you heavily Republican, more than fifty three percent of the vote that he got Aaron Spencer against an incumbent, So I would say he's got some strong grassroots support and I personally think there's no way he's going to lose that election. Now Spencer wins in November, he will take office as a first time sheriff, no prior law enforcement experience. He does have military experience, though, and he'll bring a very public story with him, a clear set of grievances against a system that once failed his family, and a mandate for many voters who saw him as someone willing to challenge the status quo. But what is that going to look like in practice?

26:16 Now? Spencer already signaled his priorities would include greater accountability in the justice system, particularly around pre trial released decisions for individuals charged with serious crimes against children. Hey who can argue with that. He has spoken about the need to restore trust between law enforcement and the community, and he has emphasized protecting families the same protective instinct y'all that has guided his entire adult life. And if elected, he will have the opportunity to influence policies on how his office handles evidence, how deputies interact with the court system, and how the department approaches cases involving vulnerable victims. Those are real powersh'all. They are real responsibilities. And at the same time, any new sheriff, especially one without traditional law enforcement experience, they're going to face significant challenges. You've got to build relationships with career deputies having never been a cop, You've got to navigate the political reality of county government, and you've got to prove your competent in a very high stakes role. And those will all be immediate test for this guy. Now that November election that's going to ultimately decide whether Lenote County voters want to give Aaron Spencer that chance, But it sure looks like they do thus far. Now, beyond this election, there's also a human side to this entire story, and it often gets lost

27:46 in the headlines. Aaron Spencer has repeatedly asked for privacy for his family as they try to return to some normalcy in their lives, and that request definitely deserves or respect. For more than a year and a half, the family lived under intense pressure from a serious criminal charge. National media attention, the constant reminder of the trauma that their poor daughter has endured. The dismissal of the charges it does remove an enormous burden, but it doesn't erase the underlying pain healing from sexual abuse and from the public nature of this entire ordeal. It's not something that happens every night, or even with a court ruling in your favor.

28:33 The Spencer family, they're going to need time, space and support. Their daughter will need continued care in privacy she moves forward in her life, and Aaron himself will have to navigate what comes next, whether that's becoming a sheriff, continuing his private life, or some other path. The man who spent years as a quiet husband, father, and contractor has now lived through something few people can fully understand, and that experience changes a person. Now. Stepping back from the personal story, this case raises difficult and important questions for everybody. Really. First, there's an ongoing debate about self defense and the defense of others. Arkansas law, like laws in many other states, give individuals the right to use deadly force when they reasonably believe that it's necessary to protect themselves or another person from imminent, serious harm. Aaron Spencer always maintained that's exactly what he did on October eighth of twenty twenty four, and I believe him and I agree with him. And critics argue that even in horrific circumstances, individuals should not take the law.

29:42 Into their own hands. Well, that's easy to argue, but I would disagree with that. Second, there's serious questions about how the justice system handles individuals charged with serious crimes against children. Michael fass Or, he was charged with forty three felonies involving minor. He was released on a relatively low bond, and he was later found violating a no contact order, and many in the community view this as a profound failure. Hell, yeah, you're right it was. Should individuals facing multiple serious felony charges involving children be held without bond? More often? I think? So?

30:23 What standards should court ches when deciding pre trial releases. In these cases? These are all policy question y'all that you elect local legislators to legislate, and people need to start holding their freaking public officials accountable. Call them, tell them you want. To see this fought in the legislature and the law changed. This whole case has become part of that much larger conversation. Now I'm gonna go ahead and I'm going to end this deep dive, but I want to return to something I said at the very start of this episode. Aaron Spencer's story is not a simple one. It does not fit neatly into the quote hero or quote villain categories.

31:09 It's a story about a father who believes he had no choice but to act. It's a story about a system that many believe failed to child. It's a story about the limits of self defense law and the demands of due process. And it's a. Story about a community that ultimately rendered its own verdict at the ballot box and through the court system. Now, whatever you believe about the events of October eighth of twenty twenty four, whether you see Aaron Spencer's actions as justified or if you see them as a step. Too far, one thing is undeniable. This case has forced difficult conversations in how we protect children, how we hold systems accountable, how we balance individual rights with public safety. Those conversations are going to continue long after this episode ends, and I.

32:03 Hope they do. These need to be talked about they'll continue through that November election. They'll continue in courtrooms across Arkansas and across the nation, and they will continue in living rooms and community meetings wherever people care about justice, safety, and the protection of those that are vulnerable. Period. For Lenote County, the November election, that's going to decide who leads their new law enforcement agency in what direction that agency takes. But for all of us watching from the outside this case, it serves as a powerful reminder that the justice system is made up of human beings making difficult decisions under pressure, and those decisions have real, lasting consequences for real families. For Aaron Spencer, the path forward, whatever it holds, it's going to be shaped by the same values that define this man's life. Faith, family, and fierce commitment to protection.

33:10 Thank you so. Much for listening. If this episode gave you something to think about, I'd be grateful if you consider subscribing to the Patreon. Tons of benefits there, and we could not do this show without the support of those awesome peeps Patreon dot com, slash exposed podcast files. Please leave a review, share it with others who might find this helpful or interesting. I love and appreciate every single one of you, and until next time for exposed scandalous files of the elite, I'm your host, Jim Chapman, much love,