Episode Details

Aaron Spencer's murder trial starts in one week. Tonight, defense attorney Bob Motta breaks down the evidence, the legal arguments, and the question prosecutors will have to answer: did a father have the legal right to kill a man who allegedly violated a no-contact order and took his 13-year-old daughter in the middle of the night?

Michael Fosler was facing 43 felony charges including crimes against a minor and child exploitation for what he allegedly did to Spencer's daughter. He posted $50,000 bond. Three months later, at 1 AM, that same child was missing from her bed — and Spencer found her in Fosler's truck. He rammed the truck, fired 16 rounds, and called 911.

Prosecutors just won a ruling to introduce body cam footage from three months before the shooting. They say Spencer went looking for Fosler's address and made statements about handling things himself. The state's theory: this was premeditated killing, not protection.

But here's what the prosecution has to overcome. Under Arkansas law, justification is something they must disprove beyond a reasonable doubt. And there's a problem they don't want to talk about — the dashcam footage from Fosler's truck is gone. The SD card sat in a detective's office for over a year and never made it into evidence.

Over 361,000 people have signed petitions supporting Spencer. He's running for sheriff while awaiting trial. Some have raised jury nullification as a possibility. But Motta explains why the defense doesn't need it — Arkansas statute provides a legitimate path to acquittal.

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