Executive Summary
- Prosecutors dismissed a fetal homicide charge against Melinda Spencer citing KRS 507A.010(3).
- State law explicitly exempts pregnant women from prosecution for the death of their unborn child.
- Spencer still faces felony charges for abuse of a corpse and tampering with physical evidence.
- Commonwealth’s Attorney Miranda King emphasized her duty to follow state law despite personal views.
Prosecutors in Wolfe County, Kentucky, have moved to dismiss a fetal homicide charge against a woman accused of terminating her pregnancy, citing state statutes that explicitly prohibit the prosecution of pregnant women for the death of their own unborn children. The dismissal was announced following a review of the indictment returned by a grand jury earlier this week.
Melinda S. Spencer, 35, was arrested following an investigation by the Kentucky State Police. Authorities allege that Spencer informed a clinic she had terminated her pregnancy using medication purchased online and subsequently buried the fetus. On Tuesday, a Wolfe County grand jury indicted Spencer on four counts, including fetal homicide, concealing the birth of an infant, abuse of a corpse, and tampering with physical evidence.
Commonwealth’s Attorney Miranda King, representing the 39th Judicial Circuit, filed a motion to dismiss the fetal homicide charge based on Kentucky Revised Statute 507A.010(3). According to the motion, the statute expressly states that the law does not apply to “acts of a pregnant woman that caused the death of her unborn child.” Consequently, the prosecution determined there were “no grounds” to pursue that specific charge.
In a released statement, King addressed the legal constraints guiding the decision. “I sought this job with the intention of being a pro-life prosecutor but must do so within the boundaries allowed by the Kentucky State law I’m sworn to defend,” King said. She expressed gratitude to the grand jury and investigators but affirmed her duty to adhere to the statutory language.
Spencer remains indicted on the remaining charges, which include Abuse of a Corpse and Tampering with Physical Evidence, both Class D felonies, and Concealing the Birth of an Infant, a misdemeanor. King confirmed that her office intends to “prosecute the remaining lawful charges fully and fairly.” Spencer is currently held at the Three Forks Regional Jail.
Statutory Interpretation and Legal Ramifications
The dismissal serves as a significant clarification of the boundaries within Kentucky’s fetal homicide laws. While the state maintains strict regulations regarding abortion and offenses against the unborn, the application of KRS 507A.010(3) in this case underscores the legislative intent to exempt pregnant women from criminal liability for the outcome of their own pregnancies under this specific statute. The case will now proceed based solely on the alleged mishandling of the remains and evidence, separating the act of termination from the subsequent statutory violations regarding the disposal of a body. It is important to note that all individuals are presumed innocent until proven guilty in a court of law.
