WOLFE COUNTY, Ky. (FOX 56) — The Commonwealth Attorney’s Office has dismissed the first-degree fetal homicide charge against Melinda Spencer, who was accused of buying abortion medication online and burying an infant in her backyard.
On Tuesday, Jan. 6, Kentucky prosecutors moved to dismiss the first count of the indictment against Spencer. Attorneys cited a subsection of KRS 507A stating, “In any prosecution, a person shall not be guilty…if he acted under the influence of extreme emotional disturbance for which there was a reasonable explanation or excuse.”
Counsel also noted that the law’s “Definitions and Exceptions” section specifies, “Nothing in this chapter shall apply to any acts of a pregnant woman that caused the death of her unborn child.” Prosecutors wrote that the statute “unambiguously exempts” Spencer and said the Commonwealth “has no grounds to pursue prosecution” of the fetal homicide charge.
Court documents show that during a non-custodial interview with Kentucky State Police, Spencer — after being Mirandized — told investigators that the baby “was not her boyfriend’s and she did not want him to find out she was pregnant with another man’s baby.” This allegedly led her to order medication online to end the pregnancy herself.
Commonwealth’s Attorney King said, “I sought this job with the intention of being a pro-life prosecutor, but I must do so within the boundaries allowed by the Kentucky State law I’m sworn to defend. I’m thankful for the investigative work of the Kentucky State Police on this case. I’m also grateful to the dedicated citizens who served on the grand jury and thoroughly reviewed this case. We will prosecute the remaining law charges fully and fairly.”
Spencer remains indicted on charges of abuse of a corpse, concealing the birth of an infant, and tampering with physical evidence. A hearing is scheduled for 9 a.m. on Jan. 7 in Powell County.
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