Duggar, Fitzsimmons, Spencer: The Legal and Behavioral Breakdown of Three Cases That Don't Have Easy Answers

Mar 25, 11:00 PM

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An alleged confession on a recorded call. A bench trial turning on which direction a gun was pointed. A June 22nd trial date for a man who killed a documented predator the court had already set free. Three active cases — and in every one of them, the legal picture is more complicated than the headlines suggest.

Joseph Duggar's defense is starting from a position that most defense attorneys would describe as severely compromised: two reported pre-representation statements, one of which was made to law enforcement and reportedly recorded. He's headed to Florida on felony child sex abuse charges while his wife faces her own counts in Arkansas. The investigation that produced those Arkansas charges was opened because of the Florida case — but police are describing them as legally distinct. The defense has to figure out what to do with all of that simultaneously.

Kelsey Fitzsimmons is in a Massachusetts bench trial on one count of assault with a dangerous weapon. The grand jury declined to return the more serious charge. Martha Coakley is on the defense team. The entire case comes down to whether a judge believes the gun was at her colleague's face or her own head — and whether the phrase a witness said in that moment means what the defense says it means.

Aaron Spencer is 90 days from trial. The prosecution says the public's understanding of this case is incomplete. The child at the center of it may have to testify. And the 40 counts of child sexual abuse against the man Spencer is accused of killing will not be part of the proceeding — legally, they don't exist in that courtroom.

Criminal defense attorney Bob Motta, retired FBI behavioral analyst Robin Dreeke, and host Tony Brueski examine all three cases with the depth they demand.

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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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