← 13th Juror Podcast
Loading summary
Transcript21 lines
- [00:01]
A
Hey guys, Lady Luck here. Are you going on any road trips this summer? I know I'm going to be going on a bunch of road trips and being that I'm going to be Passenger Princess, I Love playing on Spinquest.com Spinquest has all of my favorite slot games. Live blackjack, live craps. Head over to Spinquest right now and get yourself a 30 coin pack for just 10 bucks.
- [00:24]
B
Spin Quest is a free to play social casino void where prohibited. Visit spinquest.com for more details.
- [00:31]
C
Grainger knows when you're a procurement manager for an office park, you're not managing one building, you're managing all of them. And to stay ahead, you need to see through walls and around corners. Lights about to fail, filters ready to clog. H Vac on its last leg. If you wait until something breaks, you're already behind. Count on Grainger for quality products, easy reordering and 24. 7 support. Call 1-800-GRAINGER, click grainger.com or just stop by Granger for the ones who get it done.
- [01:01]
A
Imagine waking up in the middle of the night and discovering that your 14 year old daughter is gone. Her bed is empty, the house is silent, and before you even pick up the phone, a terrifying thought enters your mind. You already know who might have taken her because just three months earlier, a 67 year old man had been arrested and charged with dozens of felony offenses involving your daughter. Prosecutors accused him of grooming her, of sexually abusing her. Yet despite those allegations, he was out on bond. On October 8th of 2024, Arkansas Father Aaron Spencer found himself living every parent's worst nightmare. While his wife called 911, Aaron got in his truck and went searching. Minutes later, he spotted the man he'd been fearing and sitting in the passenger seat of that truck was his daughter. What happened next unfolded in a matter of seconds. By sunrise, Michael Fossler was dead, Aaron Spencer was charged with murder, and a community was divided over a question that cuts to the heart of every parent. If you came face to face with the person accused of harming your child, how far would you go to bring them home? Today we're examining the case of Aaron Spencer, a story that forces us to confront difficult questions about justice, accountability, and how far a parent should be willing to go to save their child. This is the 13th juror podcast where we unravel complex court cases, investigations and true crime stories. From high profile trials to the mysteries that still leave questions unanswered. We examine the facts, weigh the evidence, and explore the arguments shaping each story. Just as the jurors do. I'm your host, Brandi Churchwell. Today's episode is Arkansas vs. Erin Spencer. Before their lives became the subject of headlines and court hearings, the Spencers were just a family trying to build a good life. Aaron Spencer grew up in the mountains of Washington state before joining the United States army and serving with the 82nd Airborne Division. He eventually settled in Arkansas, married Heather, and together they built a life on a small farm in rural Lonoke county, where they were raising two children, a boy and a girl. By all accounts, it was a simple life. Their days revolved around family, hard work and the routines that make up everyday life. The kind of life where neighbors know each other, kids grow up with plenty of room to roam, and most problems can be solved around the kitchen table. But by 2024, the family was already going through a difficult season. Their daughter, a quiet, homeschooled 13 year old, was helping care for her dying grandfather. While most kids her age were focused on friends and hobbies, she was spending her days watching someone she loved slowly slip away. Heather would later say it was a lot for a young girl to carry. And like any parent, she wanted to give her daughter a chance to just be a kid for a while. So when she needed a break from everything happening at home, Heather allowed her to spend time with people the family trusted. People they considered close friends, almost like extended family. It was a place where she believed that her daughter would be safe. A place where she never thought she had a reason to worry. But sometimes the people who change our lives forever don't come into them as strangers. Sometimes they enter in through that circle of trust. And according to the Spencers, it was through those trusted relationships that their daughter met a man named Michael Fossler. And from that moment on, nothing about their lives would ever be the same. Michael Fossler and his wife Jane moved from Indiana to Arkansas in 1995 as part of Fossler's military career. Together they built a life there, raising two daughters who eventually grew up and started families of their own. For decades, it appeared to be an ordinary life. Then, In June of 2023, Jane passed away. After more than 40 years of marriage, Fossler found himself alone. But according to those familiar with the case, he would not remain alone for long. Sometime after his wife's death, Fossler began a relationship with a woman who was close to the Spencer family. And through that connection, he was introduced to Aaron and Heather Spencer's daughter. She was just 13 years old. According to Heather Spencer, it Didn't take long for Fossler to focus his attention on the young girl. Despite being nearly 70 years old, Heather says he began communicating with her daughter, sending text messages, giving gifts, and gradually inserting himself into her life. Investigators would later describe the behavior as grooming. Grooming is not usually sudden. It doesn't begin with an obvious crime. Instead, it often starts with attention, compliments, gifts, special treatment, and the creation of what appears to be a unique bond. Over time, a predator works to build trust while slowly eroding boundaries. They create secrecy. They drive a wedge between the child and the adults meant to protect them, and they attempt to normalize behavior that would otherwise seem inappropriate. It's a process designed to gain compliance before anyone realizes what is happening. That's one reason that grooming can be so difficult for outsiders to understand. People often assume a child would simply walk away or tell someone. But grooming is specifically designed to make that less likely. And by the time the abuse is discovered, the child may already be emotionally manipulated, confused, or fearful of what will happen if they speak out. According to prosecutors, that's exactly what happened in this case. A authorities alleged that the relationship eventually progressed beyond messages and gifts and led to sexual encounters between Fossler and the young girl. Those allegations would later form the basis for dozens of felony charges. For the Spencer family, the realization was devastating. The daughter they believed was spending time in a safe environment had allegedly been targeted by a man old enough to be her grandfather. In the childhood she had been living just months earlier. A quiet life on a small Arkansas farm surrounded by family would never be quite the same again. It was July of 2024 when everything changed. According to Heather Spencer, her daughter confided in a family member that Michael Fossler had assaulted her. That family member immediately shared the information with Aaron and Heather, who sat down with their daughter and asked her about what had happened. What she told them was devastating. According to the Spencers, their daughter revealed that Fossler had assaulted her multiple times. A man they didn't even know existed. A man who had entered her life through a trusted connection. A man they never imagined would become the source of their family's worst nightmare. The revelation left the family reeling. Heather was heartbroken, and Erin was was furious. According to court documents, Aaron Spencer did not immediately contact law enforcement after learning what his daughter had disclosed. The reason, according to court documents, stemmed from a previous experience involving a family member who had been the victim of child sexual abuse. Erin believed that instead of helping her, the local police department involved in that case had further traumatized her during the investigation. It left him with little confidence that the system would protect his daughter or handle her allegations the way he believed they should be handled. At that moment, Aaron wanted answers. Before turning to law enforcement, he wanted to understand exactly what had happened to his child. According to court records, Aaron reached out to Fossler's girlfriend, the family friend through whom Fossler had met his daughter. He told her what his daughter had disclosed and asked for Fossler's phone number and addressed. But there was another reason for his hesitation. As Aaron learned more about Michael Fossler, he discovered that Fossler was not only a military veteran, but had also worked in law enforcement. That fact weighed heavily on him because if the allegations were true, Aaron worried that Fossler's background, experience and connections could make it more difficult to hold him accountable. Now, whether those concerns were justified or not, they offer a glimpse into Aaron's mindset During those first chaotic hours, he wasn't thinking like a defendant in a future murder case. He was thinking like a father. A father trying to make sense of devastating allegations involving his teenage daughter. A father consumed by anger. A father who, according to court records, wasn't yet convinced that simply calling the police would be enough. Eventually, however, law enforcement was contacted when officers arrived at the Spencer home. And Aaron didn't hide his skepticism. According to body camera transcripts, he openly questioned what the system would actually do to protect his daughter and whether Fossler would ever face meaningful consequences if the allegations proved true. One of the responding officers tried to reassure him. He explained that his own child had once been the victim of a similar crime and that the man responsible was now serving time in prison. It was meant to offer hope. But Aaron wasn't reassured. According to transcripts, he pointed out that the man wasn't serving a life sentence. One day he would be released. One day he would return to the community. And Aaron feared one day he could hurt another child. Eventually, Aaron and Heather decided they had no choice but to trust the process. They cooperated with investigators, provided statements, and helped in any way they could. The Spencers believed the justice system would protect their young daughter. But they were about to learn just how wrong they were. We'll be right back.
- [11:39]
B
What's up, everybody? It's Bretzky. And America is turning 250. And I can't think of a better way to celebrate that than playing on an American owned social casino. Spinquest.com with all of your favorite games. Live craps Bubble craps Live Blackjack. There's no better place to play or free and win real cash prizes. Spinquest.com Spinquest is a free to play social casino void where prohibited. Visit spinquest.com for more details.
- [12:10]
D
When you're a maintenance engineer in a beverage manufacturing plant, you keep production lines moving and quality on track because there is no room for slowdowns. With Grainger's vast selection of high quality motors, sensors, belts and hard to find parts, you can get what you need fast and all in one place. So nothing gets in the way of getting the job done. Call 1-800-GRAINGER clickranger.com or just stop by Grainger for the ones who get it done.
- [12:48]
A
When the Spencer family talked to law enforcement about the man who they say had been targeting their young daughter and sexually assaulting her, an investigation was quickly launched. Law enforcement uncovered evidence supporting a wide range of criminal charges. Court records show that Fossler was accused of offenses including rape, sexual assault, grooming, Internet stalking of a child, and possession of child sexual abuse material. It would only take a few days for detectives to conclude that they had enough evidence to make an arrest. In total, Fossler was charged with 43 felony counts. He pleaded not guilty to every charge, and a jury trial was scheduled for December 4th of 2024. For Erin and Heather Spencer, life became about putting the pieces back together. Their daughter began therapy as the family tried to help her heal from the trauma that she had allegedly endured. It wasn't easy, but for the first time since learning of the allegations, there was at least a sense that the process was moving forward. Michael Fossler had been arrested, charges had been filed and a trial date was on the books. And according to Heather, she and Aaron believed the justice system would do what it was supposed to do. They trusted that the allegations would be taken seriously, they trusted that their daughter would be protected, and they trusted that justice would ultimately be decided in a courtroom. But then came a decision that changed everything. Despite facing 43 felony charges, Michael Fossler was granted bond. He was released from jail to await trial. The court issued a no contact order prohibiting Fossler from having contact with any minors. But for the Spencers, that offered little comfort. The order didn't specifically name their daughter, nor did it prevent Fossler from being out in the community while he awaited trial. To Aaron, that felt like a risk he couldn't ignore. Believing it was his responsibility to keep his daughter safe, he made it a point to learn everything he could about what kind of truck he drove, where he lived, and anything else that might help him recognize if Fossler was trying to insert himself back into their lives. The Spencers were deeply frustrated that a man facing such serious allegations had been released out on bond. But despite those concerns, they tried to trust the process. They held onto the belief that justice was still on the horizon, that the evidence would eventually be presented in court, and that a jury, not them, would decide Michael Fossler's fate. But they would never make it to trial. Just two months before jury selection was set to begin, the case took a dramatic turn. It was October 8, 2024. Just after one o' clock in the morning. Heather Spencer was awakened by the sound of her daughter's dog barking. At first, she wasn't alarmed. According to Heather, her initial thought was that her daughter might not be feeling well. She woke Erin up and asked him to check on her. Moments later, she heard the panic in his voice. Their daughter wasn't in her room. When they pulled back the covers, they found a stuffed animal and a hoodie carefully arranged in the bed to make it appear as though someone was still sleeping there. Panic set in immediately. Erin and Heather searched every room of the house. They flipped on lights, called out her name, checked closets, bathrooms, and anywhere else she might be. Then they began calling family members, hoping that someone knew where she had gone. But no one did. At 1:12am Heather called 911. According to the call, she told the dispatcher that her daughter was missing and explained that there was a man, a man facing dozens of felony charges involving her daughter, who could be involved. As she spoke with the dispatcher, Heather said she began to realize that if Michael Fossler had her daughter, she might never see her again. The young girl was at the center of the case against Fossler. She was the one witness who could tell a jury what had happened behind closed doors, the one person standing between Michael Fossler and his freedom. And as panic began to set in, Aaron Spencer feared that there was only one place that she could be. While Heather remained on the phone with emergency dispatchers, Aaron grabbed his keys and climbed into his truck. According to court records, it was only minutes before Aaron spotted a white Ford F150 matching the description of Michael Fossler's truck. Turning toward Fossler's home, Aaron turned his truck around and pulled alongside Fossler and. And there, sitting in the passenger seat, was his daughter. In that instant, every fear the family had carried for months suddenly became real. What happened next would become the center of a legal battle that would divide a community for approximately six miles. Aaron followed Fossler's truck. According to records, he flashed his headlights and honked his horn trying to get Fossler to stop. But Fossler sped up, fleeing with the child instead towards an intersection that would take them out of the area. At that moment, Aaron knew several things. He knew that the man driving the truck was awaiting trial on 43 felony charges involving his daughter. He knew that there was a court order prohibiting contact between them and that Fossler had apparently broke it. And he knew that his daughter was was sitting inside that vehicle. What he didn't know was how the next few minutes would change his life forever. Aaron eventually rammed Fossler's truck, forcing it off the roadway and into a ditch near a wooden gate post. Both vehicles came to a stop in the darkness along the rural Arkansas road. Aaron got out of his truck with his gun drawn and approached Fossler's vehicle. According to Aaron's account, he ordered Fossler to get out of the truck and lie down in the ditch. But Fossler still didn't comply. As Aaron moved closer, he saw his daughter inside the truck. He said she appeared frightened and was trying to get out. But according to Aaron, Fossler grabbed her and refused to let her go. What happened next would become one of the most fiercely disputed moments in this entire case. In an affidavit, Aaron claimed that Fossler then exited the truck holding something in his hand. Aaron said he couldn't tell what it was, though. And according to Aaron, Fossler lunged toward him and shouted, fuck you. Aaron says that's when he fired. Investigators later determined that he discharged his weapon 16 times, striking Fossler 15 times. According to reports, the confrontation didn't end there. Aaron stated that he then jumped on Fossler and struck him with the handgun pistol, whipping him until he felt he had neutralized the threat. Aaron said he then removed his daughter from Fossler's truck and brought her back to his own truck. At 1:34am just 22 minutes after Heather had first reported her daughter missing, Aaron Spencer called 91 1. According to investigators, he told dispatchers that Michael Fossler was dead on the side of the road after trying to kidnap his daughter. Then he added five words that would become central to the case against him. Quote, I had no choice. We'll be right back. Hey guys, lady luck here. Are you going on any road trips this summer? I know I'm going to be going on a bunch of road trips and being that I'm going to be passenger Princess, I Love playing on Spinquest.com Spinquest has all of my favorite slot games. Live Blackjack, Live Craps. Head on over to Spinquest right now and get yourself a $30 coin pack for just 10 bucks.
- [20:47]
B
Spinquest is a free to play social casino. Avoid where prohibited. Visit spinquest.com for more details.
- [20:54]
D
When you're a maintenance engineer in a beverage manufacturing plant, you keep production lines moving and quality on track because there is no room for slowdowns. With Grainger's vast selection of high quality motors, sensors, belts and hard to find parts, you can get what you need fast and all in one place. So nothing gets in the way of getting the job done. Call 1-800-GRAINGER Click grainger.com or just stop by Grainger for the ones who get it done.
- [21:32]
A
Aaron Spencer told emergency dispatchers that he had just shot and killed his daughter's alleged rapist, telling them that he had no choice. When deputies arrived, they immediately began life saving efforts on Michael Fossler. But it was too late. Fossler was pronounced dead at the scene. For Aaron and Heather Spencer, the events of that night had been nothing short of traumatic. But as they sat in the aftermath, they believed that the worst was finally behind them. Their daughter was safe, she was no longer in Fossler's truck, and the man that they believed posed the greatest threat to her was gone. What they didn't realize was that a new battle was just beginning. Because while many people would later see Aaron Spencer as a father who rescued his daughter, investigators saw something very different to the Lonoke County Sheriff's Office. This wasn't a rescue story. It was a homicide investigation. Deputies took Aaron into custody and separated him from his daughter. Later, investigators interviewed him about what had happened on that dark Arkansas road. Aaron told them he believed his daughter was in danger. He explained that he woke up to find her gone, feared that she was with Michael Fossler, and had his wife call 911 while he went looking for her. When he found Fossler's truck and saw his daughter inside, he he believed that she was in grave danger. And according to Aaron, everything that happened afterward flowed from that belief. But prosecutors would eventually argue something very different. They weren't claiming that Fossler was innocent. They weren't arguing that he should have been with the girl that night. But instead they focused on one what happened after Aaron found them. Because, according to the state, Aaron Spencer had a choice and they believe that he made the wrong one. Prosecutors argued that when Aaron found his daughter with Fossler, he should have just called 911 and allowed officers to handle the situation. But instead, they claimed that he chose to take matters into his own hands. Aaron later explained that he was driving at a high rate of speed while trying to keep Fossler's truck in sight. He said he was afraid that if he diverted his attention to unlocking his phone and making a phone call, he could crash or worse, lose sight of the vehicle altogether. But investigators weren't having it. In late November of 2024, prosecutors formally charged Aaron Spencer with second degree murder and commission of a felony with a firearm. If convicted, he faced up to 30 years in prison on the murder charge alone. The filing sent shockwaves through the community. To many people, Aaron Spencer wasn't a murderer. He was a father who had found his missing daughter in the truck of a man facing doz of felony charges involving her. Social media quickly filled with comments from parents insisting that they would have done the same thing. As things progressed, the state advanced another argument that would become one of the most controversial issues in this entire case. Prosecutors contended that Fossler had not kidnapped the girl and that she had gone with him voluntarily. Now, this is where this case becomes incredibly complicated, because by this point, the girl was 14 years old. And according to court records, Fossler was accused of beginning the grooming process when she was just 13. And while it is true that Michael Fossler never stood trial and remained legally presumed innocent, many people, including myself, struggle with the prosecution's use of the word voluntary. It's a word that sounds simple on paper, but in cases involving allegations of grooming, it becomes far more complicated. When most people hear the word voluntary, they imagine two people making a free and informed choice. But that's not what grooming is. Grooming is manipulation. It's a process designed to gain a child's trust, to lower their defenses, and to normalize behavior that should never be normalized. I couldn't help but think about the old warning many of us had growing up. The stranger in the van offering candy. If a child willingly gets into the van because they've been promised something they want, would anyone describe that as a voluntary decision? Most people would say no, because children don't always understand the danger they're facing. That's why adults are expected to protect them. And that's what makes cases like this so troubling. According to prosecutors, this wasn't a relationship between equals. It was a relationship between a man nearing 70 years old and a young teenager, a man accused of spending months building trust Creating an emotional connection and gradually crossing boundaries that should never have been crossed. So when people debate whether the child went willingly, it raises a larger question. Can a child truly consent to something they've been manipulated into believing is normal? For Aaron and Heather Spencer, the answer was obvious. But to prosecutors, Aaron Spencer's actions that morning were not those of a hero. They believed he had crossed a line, and now he would stand trial for murder. The same man who saw himself as a father rescuing his daughter from danger was now facing the possibility of spending his life behind bars. On the day the charges were filed, Aaron's attorneys wasted no time responding. In a strongly worded statement, they described Aaron as a decorated combat veteran who had served his country with honor and a devoted father who acted to protect his family in a moment of crisis. The attorneys argued that Michael Fossler had repeatedly victimized Aaron's daughter and that on the night of October 8, he had taken her away from her home in violation of a court order. In their view, Aaron's actions were not criminal. They were the actions of a father confronted with every parent's worst nightmare. Aaron's legal team criticized prosecutors for pursuing murder charges at all, arguing that the focus should have remained on the man accused of abusing a child. They accused the state of targeting a father who was trying to protect his daughter, rather than concentrating its efforts on those responsible for harming children. It was a powerful narrative. A decorated veteran, a protective father, a man who believed he was saving his child. And it wasn't long before the public started to take note. There were social media posts and comments of parents who labeled Aaron a hero, claiming they would have done the same thing if their child were in danger. But just as media attention started spreading, something unusual happened. Prosecutors asked Judge Barbara Elmore for a gag order limiting public discussion of the case, citing media coverage and statements from the defense portraying Aaron as a heroic father. Aaron's attorneys objected and asked for a hearing, but they never got one. Less than 30 minutes after the defense filed its response, Judge Barbara Elmore granted the gag order. Then, on her own initiative, she took another extraordinary step. She sealed the entire case. Almost overnight, public access to the proceedings disappeared. Court records vanished from public view. Information slowed to a trickle, and the questions surrounding Aaron Spencer only grew louder. The defense appealed directly to the Arkansas Supreme Court, and it wasn't long before they intervened. The justices called the gag order a gross abuse of discretion and said it lacked a proper evidentiary basis. They reminded the lower court that gag orders are supposed to be a last resort, not the starting point. The order said they could not fathom why Elmore thought she could prohibit the speech of any public official now holding office and that it's difficult to see any circumstance that could make that constitutional. Then things got even more remarkable. Several justices took issue not only with the gag order, but with the broader pattern of secrecy surrounding the case. Justice Nicholas Brawny described it as a troubling effort to shield the proceedings from public view, pointing to the sealed records and even allegations that portions of Aaron Spencer's arraignment had been closed to the public. Bronnie believed the situation was serious enough that the case should be reassigned to a different judge altogether. Harsh criticism of Judge Elmore. But this wasn't the only issue with Elmore. There's another detail that caught people's attention. The judge at the center of this controversy, Barbara Elmore, was also noted as the judge who had approved Michael Fossler's release on bond just months earlier. The optics here are difficult to ignore. The same judge who authorized Fossler's release back into the community was now overseeing the murder case that stemmed from what happened after that release. And not only that, she had tried to keep the case out of public view and was now being publicly rebuked by the Supreme Court. Once the gag order was lifted and court records became public again, a much clearer picture of what investigators had uncovered finally began to emerge. And some of those revelations would dramatically change how many people viewed what happened on that dark Arkansas road. According to newly released filings, Fossler had allegedly continued communicating with the girl after his release from jail. The Spencers had no idea. The defense claimed that Fossler secretly maintained contact for months. He instructed the girl to hide their communications and had even met with her on multiple occasions without her parents knowledge. Then came perhaps the most explosive allegation. According to defense filings, Fossler spent several days persuading the girl to leave her home on the night of October 7th. The defense further alleged that Fossler picked her up near the Spencer residence, drove her to his home, sexually assaulted her, and was returning with her toward the area when Aaron Spencer encountered the truck. If true, those facts dramatically change the context surrounding what happened that night because Fossler, despite a court order and 43 pending sexual charges, was still targeting and assaulting his child victim. Aaron Spencer's daughter was still in danger. But before jurors could hear a single witness, another dramatic development changed the course of the case. Trial was set to begin in January of 2026. But just days before jury selection, the defense made a dramatic move. Aaron's attorneys asked Judge Barbara Elmore to remove herself from the case. They argued that her attempts to shield the proceedings from public view, combined with her role in Michael Fossler's release, created at least the appearance of a conflict. They pointed to the Arkansas Supreme Court's ruling and noted that three justices had gone so far as to publicly suggest that another judge should take over the case. Judge Elmore disagreed. She refused to step aside. But the Arkansas Supreme Court wasn't finished. They stepped in for the second time, and justices halted the trial and removed Elmore from the case, ordering that a special judge be appointed. Retired Circuit Judge Ralph Wilson was selected to take over for the defense. It was a significant victory, and almost immediately the tone of the case began to change. In May of 2026, Judge Wilson held a crucial pretrial hearing that would shape what evidence a jury might eventually hear. The defense wanted an FBI expert to explain grooming and the psychological dynamics that can exist between an adult offender and a child victim. Prosecutors objected, but Wilson allowed the testimony. The defense also sought to introduce witnesses from Indiana who claimed to have known Fossler for decades and could testify about his reputation regarding underage girls. Those witnesses had previously been excluded by Elmore, but Wilson ruled they could testify. One by one, the defense appeared to be winning key battles. But none of those rulings would ultimately matter because sitting quietly in the background was a single piece of digital evidence, a dash cam video that would change everything. We'll be right back.
- [34:15]
B
Oh, I have had no luck lately. Wait.
- [34:18]
A
Lady Luck Brisky.
- [34:20]
B
I got you.
- [34:20]
A
I've had so much luck on spinquest.com they have all of my favorite games, slot games, live blackjack craps and bubble craps. You can even get a 30 coin pack for just 10 bucks.
- [34:33]
B
10 bucks for 30. I'm headed over to spinquest.com right now. Spinquest is a free to play social casino void where prohibited. Visit spinquest.com for more details.
- [34:45]
C
Grainger Knows when you're a procurement manager for an office park, you're not managing one building. You're managing all of them. And to stay ahead, you need to see through walls and around corners. Lights about to fail, filters ready to clog H Vac on its last leg. If you wait until something breaks, you're already behind. Count on Grainger for quality products, easy reordering and 24. 7 support. Call 1-800-GRAINGER click grainger.com or just stop by Granger for the ones who get it done.
- [35:23]
A
When Judge Ralph Wilson took over the case after the Supreme Court removed Judge Barbara Elmore. He set a new trial date for June of 2026. As the defense prepared for trial, they learned about a single piece of digital evidence. One that, according to the defense, may have been the single most important piece of evidence in the entire case. The dash camera from Michael Fossler's truck. Court filings show that investigators recovered a dash camera from Fossler's vehicle after the shooting. The device wasn't a simple forward facing camera. It had two cameras. One pointed out through the windshield and. And another pointed back into the truck's cabin. It also recorded audio. According to the defense, that meant that the system may have captured not only what happened outside the truck, but what was happening inside as well. The defense argued that the footage could have provided the only neutral, objective account of the moments leading up to the shooting. Not witness recollections, not competing stories, and actual video and audio from inside the vehicle at the time of the shooting. Think about the questions at the center of this case like, Was Fossler trying to flee with the child? Was the child attempting to get away from him? Did Fossler threaten Aaron Spencer? Did he appear to have a weapon? Was Aaron acting out of reasonable fear for himself and his daughter? Nearly every major dispute in this case centered on events that unfolded in and around that truck. And according to the defense, there may have been a camera sitting inside it the entire time. According to Detective Robbie McCain, he discovered the camera while Fossler's truck was being towed from the scene. He later stated that he removed the micro SD card and reviewed several video files. Now, McClain claimed that the footage showed little more than a tree line and flashing emergency lights. After the shooting had already occurred. He said he placed the card back into the camera and stored it with the evidence. But there's a problem. When investigators later went looking for the memory card, it was gone. Searches were conducted, offices were searched, vehicles were searched, but nobody could find it. And the more the defense investigated, the more troubling the situation became. Because, according to court filings, the memory card was never properly logged into evidence. The dash camera itself wasn't entered into evidence. For nearly a year, investigators failed to document key aspects of how it was handled. The defense also pointed out that standard practice is generally to preserve digital evidence and allow forensic examiners to extract the data. Rather than removing memory cards and viewing files independently. The defense further argued that records associated with the camera suggested there should have been footage from the rear facing camera as well. And that's where the significance of the missing card became impossible to ignore. Because if the camera was functioning the way investigators believed it was, it may have captured some of the most important moments in the entire case. The route that Fossler drove with the child, the interaction between Fossler and the girl inside the truck, Aaron Spencer's attempts to get the vehicle to stop, and the final confrontation. Perhaps even the moments immediately before the shooting itself. The defense argued that the footage could have helped establish whether Aaron reasonably believed his daughter was in danger and whether his actions were legally justified. But nobody knows what the footage actually showed because nobody can watch it. The memory card disappeared before the defense ever had the opportunity. And that's the problem. Maybe the footage would have helped Aaron Spencer. Maybe it would have hurt him. Maybe it would have settled some of the biggest disputes in the case once and for all. But we'll never know. And ultimately, that uncertainty became impossible for the court to ignore. In June of 2026, Judge Ralph Wilson issued a ruling that brought the case to an abrupt end. Wilson said that the conduct by law enforcement and the loss of evidence was so egregious that dismissal of the case is warranted. The charges against Aaron Spencer were dismissed with prejudice, meaning he can never be charged in this case again. After the ruling, Spencer released a statement saying he was grateful that this chapter of his life had finally come to a close. But he also made it clear that his focus had shifted toward the future, A future that, at least for now, includes a very real possibility of becoming the next sheriff of Lonoke county. It's a remarkable twist in a story that was already difficult to believe, because while many people facing a murder charge are focused on staying out of prison, Aaron Spencer decided to run for public office. And not just any office. Aaron entered the race to run for sheriff against the very office that arrested him. In March of 2026, while still awaiting trial, Aaron announced his campaign for Lonoke county sheriff. In his campaign video, he described himself as a father who stepped in with when the system failed to protect his daughter. He said his experience exposed weaknesses in both law enforcement and the court system and that he could no longer sit on the sidelines. His message clearly resonated with voters. In the Republican primary, Aaron defeated incumbent sheriff John Staley, the head of the department that investigated the shooting, and arrested him. He captured more than half of the vote, winning the nomination outright. During the campaign, Aaron also unveiled plans for a specialized safe unit, short for sexual assault and family endangerment unit, which would focus on child sexual Abuse investigations, grooming, domestic violence, cybercrimes, and sex offender compliance. Aaron hopes to support and protect the community that he feels supported his family through their darkest days. At the beginning of this episode, I asked you a question. What would you do if you woke up in the middle of the night and discovered your child was gone? And what if the person you believed had taken them was the same man accused of grooming and sexually abusing them? For nearly two years, the Aaron Spencer case has forced people to wrestle with those questions. The prosecution's theory was straightforward. They argued that Aaron found his daughter alive and then took the law into his own hands. But there's another side to that argument. If this was about revenge, Aaron had months to act. Michael Fossler was arrested in July of 2024 and released on bond shortly afterward. For months, he lived in the community. For months, Aaron knew where he was. And for months, nothing happened. Aaron didn't hunt him down. He didn't confront him. He didn't take matters into his own hands. The shooting didn't happen when Fossler was released from jail. It didn't happen during the weeks that followed. It happened only after Aaron and Heather woke up in the middle of the night and discovered that their daughter was missing. It happened after Aaron found her sitting in Fossler's truck. And that's what makes this case so difficult. Because the question isn't simply whether Aaron Spencer pulled the trigger. He admits that he did. The question is what he believed in that moment. Did he believe that his daughter was in immediate danger? Did he believe that there was time to wait for someone else to help? Or did he believe that he was preventing another tragedy? We'll never know how 12 jurors would have answered those questions. Michael Fossler never stood trial on the allegations against him. And Aaron Spencer never stood trial for killing him. No jury ever weighed the evidence, and no jury ever rendered a verdict. Instead, the case ended with a missing memory card, a dismissed murder charge, and a community still divided over what happened on that dark Arkansas road. Aaron Spencer said he had no choice. Maybe you agree, maybe you don't. But before you answer, ask yourself one final question. If you looked through the passenger window of a truck and saw your missing child sitting beside the person you believed had already victimized them before, what would you have done? And more importantly, what would you have been willing to risk to bring them home? My name is Brandi Churchwell, creator and host of the 13th Juror podcast. If you enjoyed this episode, be sure to follow the show on your favorite podcast platform and leave a rating or review. It helps more listeners discover the podcast and if you know someone who would find this case as fascinating as you did, share this episode with them. For additional episodes, case updates, and more information about the podcast, visit our website@thirthjurporpodcast.com the evidence has been presented, the arguments have been made, and now comes the same question faced by every juror. What do you believe? Thanks for listening.
- [44:36]
B
Whether it's slots or live dealers, Spinquest.com has the fun and action you're looking for with Spin Quest exclusives, Blackjack, roulette, Baccarat and even live dice. With craps and bubble craps. The games never stop so you don't have to, and right now new users get $30 coin packs for just 10 bucks. Play now@Spinquest.com SpinQuest is a free to play social casino. Casino voidware prohibited. Visit spinquest.com for more details.
- [45:06]
D
When you're a maintenance engineer in a beverage manufacturing plant, you keep production lines moving and quality on track because there is no room for slowdowns. With Grainger's vast selection of high quality motors, sensors, belts and hard to find parts, you can get what you need fast and all in one place so nothing gets in the way of getting the job done. Call 1-800-GRAINGER clickranger.com or just stop by Grainger for the ones who get it done.
- [45:36]
A
When it's time to scale your business, it's time for Shopify. Get everything you need to grow the way you want. Like all the way. Stack more sales with the best converting checkout on the planet. Track your cha chings from every channel right in one spot and turn real time reporting into big time opportunities. Take your business to a whole new level. Switch to Shopify.
- [46:01]
C
Start your free trial today.