Episode Details

Deputy Prosecutor John Huggins put it bluntly: Aaron Spencer's "understandable rage did not give him the legal right to kill Fosler." That's the prosecution's strategy — concede the moral argument, win the legal one. But can it work with an Arkansas jury?

Michael Fosler was 67 years old, facing 43 felony charges for alleged crimes against Spencer's 13-year-old daughter. He posted bond. Got a no-contact order. Three months later, Spencer's daughter was missing from her bed at 1 AM — and Spencer found her in Fosler's truck heading toward Fosler's house. Spencer rammed the truck and fired 16 shots. Fifteen hit Fosler.

Now Spencer is charged with second-degree murder. His trial starts in one week. Prosecutors just won a ruling to introduce body cam footage from three months before the shooting, where Spencer allegedly looked for Fosler's address and made implicit comments about taking the law into his own hands. They're arguing premeditation.

Defense attorney Bob Motta breaks down the legal reality. Under Arkansas law, justification for defense of another person is an element the prosecution must disprove beyond a reasonable doubt. Given Fosler's pending charges, the alleged bond violation, and the fact that Spencer's daughter was physically in that truck — the defense doesn't need jury nullification. They have statute.

And then there's the missing evidence. The dashcam footage from Fosler's truck never made it into the case. The SD card sat in a detective's office for over a year. The defense is arguing spoliation. That footage could have shown exactly what happened before Spencer pulled the trigger.

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