Did Investigators Deliberately Destroy the Key Evidence in Aaron Spencer's Case?

A dashcam SD card that was most likely recording during the final moments of the Aaron Spencer case disappeared from police custody. Investigators handled it in violation of their own department's procedures. A judge reviewed the evidence — or what was left of it — and concluded the pattern of failures gave "the appearance of a coverup."

That language came from the court, not the defense. Special Judge Ralph Wilson found that law enforcement conduct was "so egregious" that the second-degree murder charge against Spencer had to be thrown out entirely. Spencer had killed Michael Fosler after reportedly spotting the man with his daughter — the same girl Fosler was accused of victimizing, the same man who'd been released on bond and allegedly gained access to her again.

The political layer makes this harder to dismiss as incompetence. Spencer was running for Lonoke County sheriff against the incumbent, John Staley. The agency that lost the SD card belonged to the man Spencer was trying to replace. The original judge assigned to the case was removed twice by the Arkansas Supreme Court. Investigators, prosecutors, and the initial court all appeared to be moving in one direction — against the father, not toward the truth.

Retired FBI Special Agent Jennifer Coffindaffer and retired FBI Counterintelligence Behavioral Analysis Program Chief Robin Dreeke join Tony Brueski to dissect what the FBI is trained to look for when multiple people in positions of authority all appear to be protecting the same outcome — and what a federal investigation into this department would actually look like on the ground.

The murder case is over. The questions about what happened to that evidence are just beginning.

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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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