LIVE: Aaron Spencer Murder Trial — Defense Attorney Bob Motta On Whether Arkansas Law Justifies Killing Michael Fosler

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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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.