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LIVE: Bob Motta on Judge Elmore's Removal From Aaron Spencer Case—Legal Analysis

LIVE: Bob Motta on Judge Elmore's Removal From Aaron Spencer Case—Legal Analysis

Published 4 weeks, 1 day ago
Description

We're going live with defense attorney Bob Motta to break down the Arkansas Supreme Court's decision to remove Judge Barbara Elmore from Aaron Spencer's murder trial. This is the second time the high court has reversed Elmore on constitutional grounds in seven months. The first time, they called her gag order a "plain, manifest, clear, and gross abuse of discretion." This time, they didn't just reverse her—they pulled her off the case entirely.

Aaron Spencer is charged with second-degree murder for killing Michael Fosler, the man who was out on bond for allegedly sexually assaulting Spencer's 14-year-old daughter. Fosler had 43 counts pending against him including rape, internet stalking of a child, and possession of child pornography. He had no business being anywhere near that child—yet she ended up in his vehicle after midnight, missing from her bedroom. Spencer found them, rammed the truck, and a confrontation followed.

Now retired Judge Ralph Wilson is taking over, and the Supreme Court has opened the door to reviewing prior rulings through a Writ of Certiorari. Bob Motta walks us through what it takes for a state's highest court to remove a sitting judge, what three dissenting justices saw that the majority initially missed, and what the Spencer defense team should be asking for now. We'll take your questions and comments live. This is expert legal analysis in real time.

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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.

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