**SPEAKER_1** (0:00)
This is Hidden Killers With Tony Brueski. Here now, Tony Brueski.
**Tony Brueski** (0:07)
Detective Robbie McCain was just fired. Two days after, a judge signed a 19-page order calling his handling of evidence in the Aaron Spencer case intentional and describing a pattern of policy and procedure violations that gives the, quote, appearance of a cover-up. The Lonoke County Sheriff's Office terminated him for policy violations. No further explanation. McCain isn't the only one heading for the exits. The prosecutor who pushed this case to its final breath is conveniently retiring this year. The county clerk resigned months ago, citing repeated persecution. The people connected to this system are scattering in the document running from tells you exactly why.
We're going to go through the order.
All 19 pages of it.
I've summarized it a bit, but I want to walk you through what Judge Ralph Wilson Jr. actually wrote, not the headlines, not the summaries, not the social media version, but the actual findings. Because what's in this document is worse than what most people think in the Aaron Spencer case.
And it's more specific than most people realize, too. This isn't a judge giving a vague opinion about sloppy police work. This is a constitutional ruling grounded in the Fifth and Fourteenth Amendments to the United States Constitution and Article 2, Section 8 of the Arkansas Constitution, with specific documented findings of facts designed to survive an appeal. Wilson didn't write this to close a case. He wrote it to create a record. And that record is rather devastating. Your thoughts in the comment section on Substack and YouTube as we work our way through this. The links are in the description. One thing you guys need to understand to understand, really, and appreciate is how extraordinary this is, that we're even here, that the judge made this really, that the judge threw this case out. Wilson's decision rests heavily on a case called State v. Clarks, a 2024 Arkansas Supreme Court decision. In Clark's trial court dismissed felony charges because law enforcement failed to preserve body camera evidence. The Arkansas Supreme Court reversed that dismissal. They said losing the evidence was bad, but dismissal was too extreme a remedy. It's a legal ceiling Wilson was working under. The state's highest court had already said that losing evidence by itself wasn't enough to throw out a case. Wilson found that what happened in the Spencer case cleared that bar. What Lonoke County did was worse than what the Supreme Court already said wasn't bad enough. That's how far beyond the line this went. So here's what the judge found. I'm going to be specific because the specifics are what make this impossible to explain away. The dash cam in Michael Fosler's truck was mounted on the front windshield just to the right of the rear view mirror. It had dual cameras, a forward-facing lens and an interior lens capable of recording events in front of the truck and inside the cab, potentially behind the vehicle too. This wasn't some incidental item at the scene that nobody knew what does this do, Bill. This was the only objective recording device that could have captured the final encounter between Aaron Spencer and Michael Fosler. It was the key. What the prosecution called murder and the defense called a father protecting his daughter, the dash cam could have settled it. Detective Robbie McCann was the first investigator on the scene. According to the court's findings, he removed that dash cam from the windshield without photographing its position, without recording it in the crime scene sketch, without documenting its existence in the incident report. The Lonoke County Sheriff's Office has a policy for this, Policy 16-1, Procedure 1, Collection of Evidence. The judge quoted it directly, after locating an item considered pertinent to the case under the investigation. It should not be disturbed until it has been photographed, measurements taken, its position recorded on the crime scene sketch, and entered into the officer's notebook. McCain violated every part of that procedure. Then, he found the micro SD card inside the camera. He removed it, placed it into an adapter for a regular size SD card, inserted it into a card reader, and opened it on his personal computer in his office. He said he viewed four video files, three running longer than 15 minutes each, and a fourth that was shorter. He said the footage showed a forward-facing view from Fosler's truck, recorded after the incident, with blue lights in the background and nothing of evidentiary value. The court didn't accept that on its face value. Expert witness, Brandon Purchase, converted McCain's account of what was on the card. And he said, yeah, that's not how that works.
These cards, this camera, none of what you said even makes sense. It doesn't record things that way. Doesn't record things of that length.
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