Episode Transcript
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Speaker 3 (00:20):
Welcome everyone to
podcast 69 south, where we cuss
and discuss true crime, coldcases, current events and hot
topics, along with our state ofsociety today.
This is your trigger warning.
Our podcast content is producedfor adult listeners, 18 years
of age and older.
We discuss situations that maybe offensive and triggering to
(00:40):
some listeners.
Speaker 1 (00:41):
Sit back, relax and
enjoy for some listeners, sit
back, relax and enjoy.
Tonight we're learningpreviously unknown details of a
murder case so sensational.
The judge and prosecutorsworried about conducting a fair
trial, but today a majority ofthe Arkansas Supreme Court
basically released those detailsthemselves, saying Aaron
(01:02):
Spencer and his lawyers have theright to speak publicly about
how the man accused of sexuallyassaulting his teenage daughter
ended up dead last year.
Speaker 3 (01:10):
Welcome back
everybody to another
hard-hitting episode of 69 South.
I'm your host, Chop, and withme today, always, is my
beautiful co-host Julie.
Speaker 2 (01:18):
Hi everyone and
welcome back to 69 South.
Today we're diving into a storythat has shaken an Arkansas
community and we're going toexpose this predator and help
these victims fight for justice.
Now this story has me furious.
Speaker 3 (01:35):
Me too, almost as
upset as Ozzie passing away.
To be honest with you, it'skind of equal.
That's how disturbing this shitis.
Speaker 2 (01:44):
Not just Ozzie, but
Hulk Hogan too.
Speaker 3 (01:48):
Yeah, and also
Malcolm Jamal of Theo of the
Cosby Show, man Missing a lot ofgood people this week.
Rest in peace.
He was a good actor.
I loved the Cosby Show when Iwas growing up.
Speaker 2 (01:59):
I can't believe Ozzy
died right after that concert
that he just had too.
Speaker 3 (02:08):
That was some wild
shit it was called Back to the
Beginning, and he had it inBirmingham, England.
Today we're headed to LoanokeCounty, Arkansas, for a case
that has sparked outrage,heartbreak and tough questions
about what it means to protectyour family.
This is the story of MichaelFosler, a Army veteran turned
predator, and Aaron Spencer, afather and a decorated combat
veteran, who stepped up when thesystem failed.
Speaker 2 (02:29):
his daughter, Now,
before we start, a warning.
This episode covers sensitivetopics like sexual abuse,
violence and systematic failures.
If that's tough for you, weunderstand.
Take care of yourself and let'sget into it.
Speaker 3 (02:44):
And we're telling the
story of a father's fight and a
predator's fall and a justicesystem that's got some serious
explaining to do.
Let's start with Michael Fosler.
Raised in Hamlet, indiana, in1975, he graduates from Oregon
Davis High School, marking thestart of a life defined by
military service and family.
(03:04):
Marking the start of a lifedefined by military service and
family.
Around 1979, he marries Janie,beginning a 44-year partnership
that would face profoundchallenges.
Speaker 2 (03:16):
One of those
challenges came early and hit
hard.
In May of 1988, their son,michael George Fossler Jr, just
one and a half years old, passedaway from an illness.
The South Bend Tribune reportedthat the boy died at Children's
Memorial Hospital in Chicago,with services at St Matthew
Lutheran Church and a burial inthe Fletcher Cemetery.
Now, this kind of loss isunimaginable.
Speaker 3 (03:37):
Yeah, those type of
wounds, I mean, they never heal.
It's hard on the whole familybut despite the tragedy, michael
and Jane carried on raising twodaughters.
Michael also built a formidablecareer in the US Army.
According to his LinkedInprofile list, skills like
military, strategic planning,leadership and security
(03:59):
clearance, with endorsementspiling up five for military and
strategic planning, four forleadership and security
clearance and 47 total acrosshis skills.
Speaker 2 (04:10):
Now, that's an
impressive resume.
That is His expertise includedarmy operations, project
planning, team building andgovernment contracting.
Suggesting he was likely aproject manager handling
high-stakes defense work.
Suggesting he was likely aproject manager handling
high-stakes defense work.
With his LinkedIn boastingtop-level security clearances.
He was likely trusted withsensitive mission and planning
(04:34):
and execution jobs.
Speaker 3 (04:36):
So this wasn't some
dude, that just was a private in
the Army, a little four-yearstint man.
He was deep into this shit.
Yes he was.
I mean that's critical too.
A man with those skills knowshow to strategize, execute and
cover his tracks.
Keep that in mind because itmatters later in the story.
In 1995, his Army career movesthe family to Cabot, arkansas.
(05:00):
It's a new chapter, but it setsthe stage for a dark, dark turn
.
Speaker 2 (05:07):
So let's fast forward
to 2023.
Jane Michael's wife passes awayon June 14th after an
eight-year battle with cancer,ending their 44-year marriage.
Michael, now a widower, startsdating again, connecting with a
family friend of Heather andAaron Spencer.
That's how he crosses pathswith their 13-year-old daughter.
Speaker 3 (05:28):
Now here's where the
story gets ugly.
From April to July of 2024,fosler allegedly begins grooming
and assaulting this young girl.
She's a quiet homeschool kidspending her days caring for her
dying grandfather, heather.
As the young girl's mothertrusted this family friend's
home as a safe place for herdaughter to take a break, it was
(05:50):
anything but safe.
Speaker 2 (05:53):
Heather's words are
absolutely heartbreaking, and I
quote she is a quiethomeschooled child who at the
time spent more days than nothelping care for her dying
grandpa.
Deep in my soul they werefamily and I trusted she was
safe.
She wasn't.
It took very little exposurefor an unknown man who was old
(06:18):
enough to be my father to startpursuing my child.
This monster was an opportunistand started grooming my then
13-year-old via text message.
Speaker 3 (06:26):
Sounds like that good
old predatory behavior at its
worst.
The Spencers notice theirdaughter's behavior changing and
a family member reveals thehorrific truth she's been raped.
They find evidence ofinappropriate texts from Fosler.
They report it to theauthorities and secure a
no-contact order.
They report it to theauthorities and secure a no
contact order.
On July 15th 2024, fosler faces43 charges in Loanoke County
(06:50):
Court Rape, two counts ofInternet stalking, two counts of
fourth degree sexual assault,two counts of sexual indecency
with a child and 36 counts ofpossessing child sexual abuse
material 43 charges.
Speaker 2 (07:07):
That's a rap sheet
that screams lock him up.
But Judge Barbara Elmore setshis bond at just $50,000.
He pays it, walks free and theSpencers believe the no-contact
order will protect theirdaughter.
They were wrong.
Speaker 3 (07:27):
And that bond
decision is a travesty.
A man with Fosler's militarybackground and strategic
planning security clearancesisn't someone you just let out
on pocket change.
I wouldn't think.
There's also talk that he was apolice chief and a school
resource officer in Indiana,giving him access to kids for
years and possibly connectionsthat may have got him lenient
(07:48):
treatment.
Speaker 2 (07:49):
It does raise
suspicions of the good old boy
system.
Ex-posts are buzzing withclaims that Fossler's alleged
ties to the Lone Oak CountySheriff's Office help him skate.
There's no hard evidence, butwhen a predator walks free,
people start asking questions.
Was the system protecting oneof its own?
Speaker 3 (08:09):
We looked and
researched but we really
couldn't find a lot of stuff onhis policing in Indiana, correct
?
Speaker 2 (08:15):
Yeah, I couldn't
confirm it 100%.
That's why I'm saying it'sreported that he was in law
enforcement in Indiana.
Speaker 3 (08:28):
And a 67-year-old man
and a 13-year-old child.
Speaker 2 (08:38):
That's insane to me.
Stark County, which is up north, closer to South Bend, and up
in the northern part of thestate.
Speaker 3 (08:50):
It's a small
community, yeah, it's really,
really tiny.
What do you say?
It was around 2,000 people.
Speaker 2 (08:58):
I don't even know.
Speaker 3 (09:00):
But it's tiny.
I mean, if it wasn't so supertiny we probably would have
heard of it, but I literally hadnever heard of it before.
Speaker 2 (09:05):
Yeah, we had to look
it up.
I'm like I've never even heardof a Stark County in Indiana.
Speaker 3 (09:09):
Now let's focus on
Aaron Spencer, the man who
fought back when the systemfailed.
Aaron's 36, also a decoratedArmy veteran, who has seen the
worst of war.
He was born in Arkansas.
He enlisted young, serving inthe combat zones where split
decisions meant life or death.
He earned medals for valor likebronze stars or similar, though
(09:32):
details are classified provinghis courage and skill under fire
.
Speaker 2 (09:36):
Now Aaron's the real
deal.
He returns home, marriesHeather and they build a life in
rural Lone Oak County, raisingtheir daughter to be kind and
grounded through homeschooling.
He's a dad who's there for itall teaching her to fish,
helping her with her schoolworkand studies, keeping her safe.
Heather calls him a devotedhusband and a protective father,
(09:59):
a man who'd do anything for hisfamily.
Speaker 3 (10:02):
That's Aaron's core,
a warrior who traded
battlefields for family life butnever lost his instinct to
protect.
On October 8th 2024, at 1 12 am, that instinct takes over.
Their dog starts barkingfrantically, waking Heather and
Aaron.
He checks on their now14-year-old daughter and her
bed's empty.
(10:23):
That's when panic sets in.
Speaker 2 (10:25):
Now Heather's account
is chilling.
When we were first awakened byour daughter's dog in the middle
of the night on October 8th, myfirst thought was that our
child was sick.
I woke my husband up and askedhim to go check on her.
He called out from her roomthat she was missing.
Immediately, all the lights inthe house were on.
We were calling for her insidethe house, then outside.
(10:48):
I called our son and our niece,the only people who may have
known where she would have gone.
Neither did know, so.
She immediately called 911.
Speaker 3 (11:00):
Man, I know how that
sudden waking up by your dog
barking in the middle of thenight can about damn near give
you a stroke.
Speaker 2 (11:08):
I know Our neighbor
lets their dogs out at like 2
o'clock in the morning everynight and they run over there
into our yard.
Speaker 3 (11:15):
Oh, my gosh, oh oh,
oh, oh and I jump out of bed man
about tripping over my damnshoes and everything.
It's a horrible reality,especially when you don't know
what it is.
But then comes the moment thatchanges everything.
Heather's sister-in-law sends apicture of a cash app payment
for a door dash from Fosler totheir daughter and niece, sent
just a day or two earlier.
(11:36):
In that instant Heatherrealizes Fosler might have taken
her daughter.
She tells 911, this man may beinvolved and as she speaks the
fear hits.
If he does have her, I'llprobably never see her again.
My own screams will foreverhaunt my memory.
She said I hung up with 911operator and I called my mother.
(11:58):
I screamed in horror while sheprayed.
Hail Mary's God, please save mybaby.
That's horrible.
Speaker 2 (12:05):
Now that cash app
payment was the clue that turned
fear into certainty, and theFBI is clear on this when you're
in a situation where a child ismissing, seconds matter.
There's no reason Aaron neededto wait for the police.
Every moment counts when achild's life is at stake.
Speaker 3 (12:23):
Exactly.
Aaron, trained for highpressure situations, grabs his
Glock 19 Gen 4, jumps in histruck and hits the road with no
plan but a prayer.
Heather says, quote by God'snever failing grace, unquote.
He spots Fosler's white FordF-150 on Highway 236 East.
(12:44):
He knows his daughter's inside,taken by a man facing decades
in prison, with her as the keywitness.
Heather believes Fosler's planto kill her, to silence her in
testimony.
Speaker 2 (12:57):
Now Aaron pursues
Fosler, flashing his lights and
honking to stop him.
At the intersection of Highway236 East and 13 North he rams
Fossler's truck into a ditch.
He exits his vehicle gun drawn,ordering Fossler out.
He sees his daughter trying toescape the passenger side, but
(13:19):
Fossler's restraining her.
Then Fossler steps out holdingan unidentified object, lunges
at Aaron and shouts fuck you.
Speaker 3 (13:30):
Fearing for his life
and his daughter's, aaron
unloads the 15-round magazine,hitting Fosler in the chest,
arms and abdomen.
He then pistol whips him toensure he's down, grabs his
daughter, reloads and calls 911,reporting that he had found the
man who kidnapped his daughterand that he was dead on the side
of the road.
(13:50):
Deputies arrive and theypronounce Fossler dead and take
Aaron into custody, charging himwith first-degree murder.
(14:17):
The community's 100% right.
Thank God for a father'sintuition.
Speaker 2 (14:22):
And acting
immediately.
Speaker 3 (14:24):
I don't understand
what the hell they expected him
to do.
Speaker 2 (14:26):
Stand there and wait?
Absolutely not.
Speaker 3 (14:29):
Or I mean the way the
story goes.
I mean, I think the mother'sintuition about Fossler's
intentions were probably prettyaccurate, unless he just
couldn't get enough of the dope.
We talk about how these pedosdo.
Speaker 2 (14:44):
I believe that her
instincts and what she believes
is 100% right.
When we lay out what this manhad to lose, you'll understand.
Speaker 3 (14:54):
Now Aaron's released
on a $150,000 bond by October
9th, 2024 at 1 12 pm.
But the fight's just beginning.
On November 27th, prosecutorChuck Graham charges him with
second-degree murder and afirearm enhancement which could
mean years in prison.
At his December 2nd arraignmentbefore Judge Barbara Elmore,
(15:17):
aaron pleads not guilty.
His attorneys, Aaron Cassinelliand Michael Kaiser, call him a
decorated war hero who stopped aserial predator.
Speaker 2 (15:28):
Now this is where it
gets infuriating.
The Spencers trusted the systemto protect their daughter.
They got her into therapy andtried to manage her trauma, all
while caring for Heather's dyingfather.
But Fossler, out on $50,000bond, violates the no contact
order and nobody catches it.
How does a man with 43 feloniesslip through these cracks?
(15:52):
It's a question shaking thisLowenoak County.
Now social media posts pointfingers at Judge Barbara Elmore,
prosecutor Graham and SheriffJohn Staley.
Elmore set the low bondGraham's the prosecuting errand
instead of digging into whyFossler was free and Staley's
(16:15):
office didn't monitor him.
Some say Fossler's past as apolice chief or a school
resource officer gave him a kindof a shield.
Speaker 3 (16:26):
Now let's talk about
Fossler's motives.
His military career gave himskills, strategic planning,
operational execution, securityclearances that could have
helped him plan his kidnappinglike a mission.
He was facing 43 charges, withthe Spencer's daughter as the
only witness.
A felony conviction, like childrape, could suspend his pension
(16:48):
during incarceration and acourt martial could strip his
benefits permanently with adishonorable discharge.
He had everything to lose, man.
Speaker 2 (16:58):
Yeah, he sure did.
Now Heather's convinced Hell,I'm convinced that he meant to
kill her daughter to silence her.
Speaker 3 (17:05):
Or at least kidnap
her.
I mean shit.
Speaker 2 (17:08):
Now, with Fossler's
expertise, this wasn't no random
act.
It was very, very calculated.
Speaker 3 (17:16):
And the system let it
happen that low bond, no
supervision and, ignored, nocontact order.
It's a recipe for disaster.
Heather's words sum it up wewere not privy to the fact that
he was released on a low bondwith zero supervision.
We thought that pending felonycharges and a no contact order
(17:36):
would be enough to keep him awayfrom our child.
We were wrong.
Speaker 2 (17:40):
Now then there's the
gag order.
On December 9, 2024, judgeBarbara Elmore issues a gag
order barring Aaron, hisattorneys, public officials and
even Aaron's family fromdiscussing the case.
Citing jury pool concerns, shegrants it in 30 minutes, no
(18:03):
hearing, and seals the case filewith a handwritten note.
Aaron's team argues it violateshis First, sixth and Fourteenth
Amendment rights.
Sixth and 14th.
Speaker 3 (18:15):
Amendment rights.
Now, the First Amendment is thefreedom of it's basically
freedom of speech, freedom ofthe press, freedom of religion,
stuff like that.
The Sixth Amendment is theright to a speedy and public
trial, the right to an impartialjury in the district where the
crime occurred.
Also the right to be informedof the nature and cause of the
(18:35):
accusation, basically the fairtrial stuff.
And the 14th Amendmentguarantees like due process of
law, basically more stuff onyour criminal trial type thing.
And the Arkansas Supreme Courtagrees striking down the gag
order on May 29th 2025, callingit a gross abuse of discretion.
Justice Nicholas Brawny, joinedby Justices Sean Womack and
(19:01):
Cody Hilland, slams Judge Elmorefor a troubling pattern of
shielding cases from scrutiny,from a non-public arraignment to
a handwritten note sealing thefile.
They suggest another judge takeover, citing concerns about her
impartiality.
Speaker 2 (19:18):
What a slap in the
face for her, but you know what
she deserves it.
Speaker 3 (19:22):
I mean, it was like
she was trying to shut everybody
down so the public wasn'tseeing what the fuck was really
going on here.
Speaker 2 (19:32):
Yes, the highest
court in Arkansas to say that
it's a gross abuse of power.
Speaker 3 (19:42):
And a troubling
pattern of that gross abuse says
a lot.
Speaker 2 (19:46):
So hopefully they get
this judge removed off this
case because she seems likeshe's real hip on protecting
pedophiles.
I mean, come on, like she'sreal hip on protecting
pedophiles?
I mean, come on, Fossler got a$50,000 bond for raping this
poor child and he's trying toprotect his child and yeah, it
(20:06):
ended like it did.
But it wasn't Aaron's fault.
Speaker 3 (20:12):
And, like we said,
fossler had so much to lose.
You also got to look at thewhole picture here.
It's not just about the 40-somecharges Fossler faced.
That's a potential lifesentence for a dude that's 67
years old.
Speaker 2 (20:27):
It absolutely is.
Speaker 3 (20:28):
Plus stripping his
rank, discharging all his
retirement loot from the Army.
I mean, that's a big freaking—.
Speaker 2 (20:35):
That's a lot to lose.
Speaker 3 (20:36):
That's a lot to lose.
That's a lot to lose.
Speaker 2 (20:52):
Now the court also
calls out Elmore's low bond for
Fossler as the spark that hadsuch a low blonde and was able
to get out and continueharassing, stalking and doing
the things that he was doing tothis poor girl.
That that's what fanned theflames of this.
Speaker 3 (21:16):
I have to agree with
him.
Speaker 2 (21:18):
Now all over social
media posts are demanding her
recusal, some claiming she'sprotected a child rapist due to
Fossler's alleged connections.
But there's no hard evidence ofthat, it's just all speculation
.
Speaker 3 (21:34):
Yeah, it's just all
speculation no-transcript to
(21:58):
Fossler but it does fueldistrust in Staley's oversight.
I would say so that's wild shitthere.
Speaker 2 (22:05):
Staley insists his
office acted properly, telling
USA Today that Cabot policehandled Fossler's arrest and
that the court set the bond.
He says I'm a daddy, I havethree daughters.
I know she's hurt right now butthere's absolutely nobody I
would put ahead of our children.
But the public is skeptical,with people claiming his office
(22:30):
let Fossler slip through thecracks.
Speaker 3 (22:33):
Now did they handle
the arrest right?
Because here we go, there's adrug pipe.
Court motions say a glass pipewas found in a patrol car after
Staley spoke with Aaron,suggesting it was planted to
discredit him or justifyFossler's actions.
Speaker 2 (22:51):
So much so that I
guess what had happened is that
they had put Aaron in the carand then, when the sheriff got
out there or whatever, they gothim out of the car to speak with
him, and then they went to goput him back in the car.
Well, when they put him back inthe car, there was a glass drug
pipe laying right there andAaron was like oh hell, no.
Speaker 3 (23:16):
Wait a minute, boys.
That shit was not in here Aminute ago, yeah.
Speaker 2 (23:20):
And you guys are
taking me to the hospital right
now we're doing a blood draw.
And that's exactly.
He threw a fit so that theywould draw his blood.
So they know, would knowwithout a shadow of a doubt,
that he was not a drug user.
And he was up in bed asleepwhen this all started to take
(23:43):
place.
Speaker 3 (23:43):
That's just dirty.
That's dirty af.
Let's zoom in on aaron spencer.
You really got to think abouthis, his training and you know
his life as he lives it.
I mean when you got a guy,that's his life as he lives it.
I mean when you got a guy thatserves in the military and he's
trained in tactical operationsand firearms and he has to make
(24:05):
split, you know split.
Speaker 2 (24:08):
Second decisions.
Speaker 3 (24:09):
Absolutely, and when
you're in a situation like he
was in, I don't understand whatthey expected him to do.
Speaker 2 (24:18):
You can't undo that
training.
You know.
You know what I'm saying.
Speaker 3 (24:24):
Absolutely.
Speaker 2 (24:25):
It becomes like
muscle memory.
Speaker 3 (24:27):
Especially when
there's something so fragile as
your 14-year-old baby girl rightthere.
I mean, I could just onlyimagine his rage and the anxiety
, and you know what I mean.
Like you said, it's like musclememory.
I mean, who wouldn't have donethat shit?
Speaker 2 (24:42):
Exactly, and it's
especially after you know
they've waited for months forthis trial to come up and they
were only a few months away fromthe actual trial.
So the previous six months ofhis life I'm sure he just wanted
to go beat this dude's ass, buthonestly, probably more than
that.
But it was well-deserved.
Speaker 3 (25:03):
But he kept it
contained, you know, letting the
law do their job.
Speaker 2 (25:08):
Now, when Fossler
entered their lives, Aaron's
worst fears came true and hismilitary training kicked in that
night, driving him to act whenseconds mattered.
If they waited for the police,I just have a feeling they would
have never found that littlegirl.
Speaker 3 (25:29):
I mean, he's looking
at this little girl.
He helps her with her homework,he teaches her how to ride a
bike.
You know everything a daddydoes.
What the hell is he supposed todo when her life is in danger?
Speaker 2 (25:40):
Listeners ask
yourself this If somebody's got
your child, are you going to sitand wait?
Are you going to go get them?
Speaker 3 (25:50):
Especially after the
accusations that had piled up on
Fossler.
I mean, it's not just thisrandom ass dude that you see
with your daughter and you knowyou tackling this dude has
already been accused of rapingand stalking and grooming, you
know, out of a trusted familycircle type situation.
Speaker 2 (26:12):
And as a parent, you
know you.
And as a parent you know youcan't just wait for the deputies
.
The stakes were extremely high.
His pursuit of Fossler, rammingthe truck and confronting him,
was pure instinct protecting hisdaughter at all costs.
(26:34):
His attorneys say it's textbookself-defense under Arkansas law
.
Given Fossler's history and theimmediate threat.
Speaker 3 (26:44):
Let's talk about the
key provisions of the Arkansas
self-defense law.
A person is justified in usingdeadly force if they reasonably
believe another person iscommitting or about to commit a
felony involving force orviolence, in example robbery and
assault, or if the person isusing or about to use unlawful
(27:08):
deadly physical force againstthem or another person, if the
person is imminently endangeringtheir life or about to
victimize them through a patternof domestic abuse as defined an
example physical harm or fearof imminent harm between family
members.
I mean he had every right tothink this dude was about to
(27:33):
commit a felony involvingassault or kidnapping.
He'd already, you know.
Speaker 2 (27:39):
He'd already, well,
one kidnapped, two.
He broke a no contact order andhad the victim with him, and
there's a lot of questionssurrounding.
Well, how did he get the victimoutside?
How did?
(27:59):
Did he go in their house andsnatch her out?
I I mean, did he coax her tothe front door in some way?
Something was happening,because two, three days before
this incident, he was sendingfood to this little girl and her
cousin.
Um, you know, that's whyheather initially thought, yeah,
that he has her, because youknow he's talking to her again,
he's sending her food.
Speaker 3 (28:22):
I wonder how that
went down, how they actually
found that out, cause it did saytwo or three a few days before
that.
Speaker 2 (28:28):
I mean she called her
sister and then bam, her sister
says you know she must've wentthrough her daughter's phone or
something like that, and foundthis receipt of a cash out
payment to DoorDash.
Speaker 3 (28:41):
She was probably like
holy shit, this is that fucking
dude.
Speaker 2 (28:44):
Yeah, and I bet the
daughter feels terrible, but
she's a young girl and she wasbeing groomed.
Speaker 3 (28:51):
She was probably just
happy to get the Big Mac or
something.
Not knowing anything was really.
You know, these are babies.
There's also another conditionsfor using deadly force.
It says having a reasonablebelief that the other person
poses an imminent threat ofdeath or serious physical injury
(29:14):
to themselves or another In theother, being his daughter, his
daughter man.
Speaker 2 (29:21):
Yeah, that's an
extension of yourself.
Speaker 3 (29:24):
Absolutely An
extension of yourself, and you
know what you could becriminally charged if you don't
protect your daughter.
To a certain extent, it's a.
It shouldn't be a fine linelike it is.
Yeah, it is no-transcript andit should not be that way you
know the prosecutor in thissituation.
Speaker 2 (29:43):
I hope he does not
get reelected.
I hope you people down there inArkansas see this person for
who they really are, Becauseit's the prosecutor's discretion
whether to charge Aaron withthis, and it's just disgusting.
Speaker 3 (30:03):
I don't think you'd
have too many people bitching if
they just dropped all thesecharges on this dude.
Speaker 2 (30:07):
I don't think not one
person would gripe or complain,
and maybe the victim's family.
Speaker 3 (30:13):
But and the freaking
pipe man.
I mean you would think that andI'm sure there is laws and and
and things in place to where theback of a cop car should be
like a motel room.
I mean that shit should becleaned every time you take a a
criminal out of there.
This pipe was allegedly justlaying on the seat, in plain
(30:34):
sight that something stinksabout that to me in a bad way.
Speaker 2 (30:41):
It's like they were
trying to set him up.
Yeah, let me run out of myhouse in the middle of my, in
the middle of the night, whileI'm sleeping.
Don't let me, let's.
Oh, I got to take my dope pipewith me.
He didn't even do drugs.
That's how ignorant they are.
And I, you know what.
I bet you that.
So he went and had those bloodtests done.
Right, how much you want to betthe state loses them?
Speaker 3 (31:04):
Oh yeah.
Speaker 2 (31:04):
How much you want to
bet the state loses these drug
results or the prosecution triesto hide them.
And so I bet you mark my wordsit's going to come out when
Aaron goes to trial because hisattorneys have filed a motion
about this glass pipe to saythat it cannot be used in the
(31:28):
trial against him.
But they never charged him withthat.
But his lawyers filed a thingto say you can't use that
evidence.
And Aaron even went and got atest, a drug test, done.
We just haven't got the resultsback because they go to the
state first.
Speaker 3 (31:45):
What about the DNA
test from the glass pipe?
Speaker 2 (31:48):
Oh, I don't believe
it was his.
No, I think they had it testedand it come back that the DNA
did not match him.
But who did it match, Right?
Speaker 3 (31:55):
and it was an unknown
male.
I mean you think that if theDNA is not in the system, either
A the person wasn't a felon orB it was the person who tossed
it in there right before theyput Aaron Spencer in there.
Speaker 2 (32:08):
Everybody needs to be
getting those body cams and
seeing who was all there thatnight.
Speaker 3 (32:13):
They sure do.
Speaker 2 (32:15):
Now this Heather's
word.
She said navigating criminalcharges while also being fully
traumatized by the events ofthat night was difficult.
We were no longer able to shareour story and we were forced to
suffer the injustice of it allin silence.
(32:36):
And she was so happy that theSupreme Court's decision gave
them their voice back.
But they still have a long roadahead of them and this trial is
scheduled to start in September.
Speaker 3 (32:49):
I've been watching a
bunch of the Appalachian
storyteller.
I really like that dude.
You know, if this shit wouldhave happened back in the day a
little bit in the Appalachianarea, man, they'd have given
this dude a medal.
Speaker 2 (33:02):
They would have.
Speaker 3 (33:02):
Absolutely they would
.
They'd have put him up on apedestal Hell.
They would hunt down and stringup dudes like Fossler on their
own.
Speaker 2 (33:12):
And they would have
hung him in front of the whole
community.
Speaker 3 (33:14):
Yep, they go back to
doing shit like that.
Maybe these dudes ain't goingto be running rampant like they
are in society today.
Speaker 2 (33:20):
Or death penalties
for child molestation and all
that other stuff.
Speaker 3 (33:27):
They need to get back
to castrating these dudes.
Speaker 2 (33:30):
Did they do that?
Speaker 3 (33:31):
Yes, they sure did,
and I bet it was a big deterrent
for some of these dudes.
In 1778, a Virginia lawprescribed castration as a
punishment for men convicted ofrape, polygamy or sodomy.
So if you was a rapist or youhad two wives or you put
something where it wasn'tsupposed to be, you know what I
(33:51):
mean they were they were cuttingyour shit off.
Also, there was a period where,um, if you were a sex offender
like rape or child stuff theywould give you a choice.
They would give you a prisonsentence.
They would say you either go doyour sentence in prison or we
cut your shit off.
You could choose.
(34:11):
It'd be a fucked up decision tomake, wouldn't it?
Speaker 2 (34:14):
Hey, but their other
decisions got them there, so I
do not feel sorry for none ofthem.
Speaker 3 (34:20):
Me neither.
In the early 20th century,castration was occasionally used
in the US as a part of theeugenics movement, targeting
individuals deemed undesirable,including sex offenders.
It wasn't specifically aimed atmolesters, but sterilizations,
(34:40):
including castrations, wereperformed in institutions for
the feeble-minded or people withcriminal tendencies.
That's kind of messed up.
I mean, you get a crazy person,and who's making that decision?
Their doctor Like this dude.
We could let him out.
He seems like he may do someweird shit, so send him to the
cut table.
Speaker 2 (35:02):
So just by
assumptions and not even doing
anything wrong, you could havegot castrated.
Speaker 3 (35:08):
Yeah, in the mid-20th
century, some states allowed
sex offenders, including childmolesters, to undergo surgical
castration to reduce recidivismor secure release.
That's kind of what I wastalking about a second ago.
Speaker 2 (35:24):
Wow, I wonder too,
you know what?
I wonder also, you know howlike back in, I mean even back
in the 20s and 30s, 100 yearsago to now my grandma was born
in the 40s and, um, I know shehad a lot of family like down in
kentucky in the appalachia areaand stuff like that, and down
(35:47):
there it's like their childrenwere back in those times, were
to get married or leave thehomestead the moment they were
12, 13 years old and beingmarried off, so when did that
stop?
Speaker 3 (36:05):
I don't know and,
like you said, I was watching a
lot of that AppalachianStoryteller.
Yeah, they were getting married13, 14.
It was like puberty hit bam andthey were adults.
It was time for you to go.
Speaker 2 (36:18):
That's what it was
back then.
I mean, do we consider all themmen pedophiles back in that day
?
But that's just how the timewas Back in that day, but that's
just how the time was.
Speaker 3 (36:27):
It's weird to think
about the way society has
shifted that way over the years.
And I'm all for it to you know,let children grow up, Because
even after children hit 18,their minds aren't fully
developed until they're 25, 26years old, and I think that's
(36:48):
basically what the point isdevelop till they're 25, 26
years old, and I think that'sbasically what the point is.
It's hard for you to be able tomake decisions, life-changing
decisions, bringing other lifeforms into this world, by having
children, when you arebasically a child in your mind
still.
Speaker 2 (37:00):
Another thing that I
thought was odd was that back
then the life expectancy inthose regions were only you
would only get to, I mean, 40 to50 years old, and 50 was
stretching it.
Speaker 3 (37:15):
I think a lot of that
to do was the hard work and
then lack of medical treatmentaround.
They didn't have much.
You know, doctors and medicineslike they do now.
Speaker 2 (37:25):
That's why they call
them mountain men and use folk
remedies, right you get diabetes.
Speaker 3 (37:30):
You ain't got no
insulin.
I mean you're screwed.
You get high blood pressure.
I mean it just wasn't as.
Speaker 2 (37:37):
You would have been
considered death by natural
causes of some sort back then.
Speaker 3 (37:42):
Right.
Speaker 2 (37:43):
But anyway, this back
to our case about Aaron Spencer
.
Anyway, this back to our caseabout Aaron Spencer.
Now this case raises hugequestions, starting with what
precedent does this set forparents protecting their kids
Aaron's facing second degreemurder charges for saving his
daughter from a predator thatthe prosecutors, the sheriff nor
(38:07):
the judge helped?
I mean, they had no help in it.
It was like everything they didmade it worse.
What is this telling otherfamilies in that area, or even
in the United States?
Speaker 3 (38:21):
It's probably telling
them damn, if I protect my
child am I going to wind up inprison.
But I think in this thing, mrSpencer, it was like a rage.
Speaker 2 (38:36):
Yeah, I mean, I know
how you feel.
Speaker 3 (38:38):
And I feel bad, even
saying rage.
I'm not saying that it was arage incident, not at all.
I'm sure he was in rage,probably scared, absolutely
fearful for his daughter,fearful from himself.
Speaker 2 (38:52):
Now Arkansas law
allows for deadly force if you
reasonably believe you orsomeone else.
It doesn't even have to be.
Your child is in imminentdanger.
Aaron saw Fossler, a knownpredator, holding his daughter
hostage after kidnapping her andthen lunging at him with
something in his hand.
That's self-defense in my book.
Speaker 3 (39:14):
The prosecutor says
Aaron went too far.
Emptying a 15 round magazineHomicide's serious for sure, but
charging a dad who stopped aguy with 43 felonies, including
rape, that suggests the systemvalues procedure over protecting
kids.
What do you listeners think?
Hit us up on Facebook or X oron Instagram with hashtag 69
(39:38):
South.
Tell us what you think about it.
Speaker 2 (39:40):
It's also about trust
.
Dispensers believe the systemwould keep Fossler away.
Heather said that they werepromised.
This isn't 20 years ago and thecases are taken seriously.
But a $50,000 bond for apredator, that's betrayal.
No wonder Aaron acted.
The FBI say seconds matter andhe wasn't waiting.
Speaker 3 (40:03):
They were right, it
is a 20 years ago.
It was 20 years ago.
I think it'd be a wholedifferent ballgame.
to be honest with you, and thearea as well I mean the
demographics of this case is abig deal too.
Another question is was thispart of the good old boy system?
Question is was this part ofthe good old boy system?
(40:23):
Fossler's alleged lawenforcement ties police chief
school resource officer.
They raise suspicions.
Social media posts claim he hadconnections in Loanoke County,
maybe with Sheriff Staley'soffice.
Now there's no hard proof ofthat, but a $50,000 bond for 43
charges.
That makes you wonder.
Speaker 2 (40:43):
It does.
The Supreme Court criticizedElmore's bond decision as a
spark for tragedy.
The 2024 lawsuit againstDaley's office for ignoring
inmate abuse doesn't help.
Voters need to remember whothey elected judge, prosecutor
and sheriff, and you need tolook at who they seem to protect
(41:04):
.
Speaker 3 (41:04):
Now prosecutor Graham
is pushing for a conviction
saying there's more to the story, but not elaborating on that.
More to the story His supportfor the gag order fueled
distrust, seen as silencing atraumatized family.
Elmore's history of stealingcases like the the 2022
Hunter-Britton shooting adds tothe scrutiny.
(41:25):
That case, where a deputykilled a 17-year-old, sparked
protest and Elmore sealed thefile, limiting transparency.
Speaker 2 (41:33):
Staley's no stranger
to controversy either.
A 2019 incident where hegrabbed an inmate by the throat
resurfaced in 2022 and 2024lawsuit paints his jail as a
haven for abuse.
These issues aren't directlytied to Fossler, but they feed
the perception of a brokensystem.
Speaker 3 (41:55):
So what's next?
As of today, Aaron Spencer'sout on bond awaiting trial, His
team's pushing self-defensearguing he stopped a predator
who'd already hurt his daughterand posed an immediate threat.
The Supreme Court's rulinglifted the gag order, giving the
Spencers their voice, but thebattle is far from over.
Speaker 2 (42:14):
Their daughter's in
therapy, facing years of healing
.
Heather's words linger.
We didn't ask for any of this.
An evil man with a long historyof predatory behavior targeted
our child and was not scared ofthe consequences.
The FBI's warnings aboutseconds mattering underscores
why Aaron acted.
He saved her life.
Speaker 3 (42:35):
Man.
This case is bigger than oneman and one night.
It's about a system that failed.
I think I'm all behind thisdude man.
Speaker 2 (42:45):
Oh, I am too,
absolutely.
And also they have a Give SendGo campaign.
It's kind of like a GoFundMe,but with GoFundMe you can't use
those funds for legal defenseand stuff of that nature, but
with the Give SendendGo campaignyou can.
(43:06):
So we're going to link theGiveSendGo in the bottom of our
show notes as well as ourFacebook.
So if you guys would like todonate to help Aaron Spencer
with his cause in fighting theArkansas government in the
prosecutor's office down there,I'm sure they would greatly
(43:28):
appreciate that.
Now we will keep following thiscase, share your thoughts with
hashtag 69 South and let's keepthe pressure on for justice.
Like Heather said, if this canhappen in rural Arkansas, it can
happen anywhere.
If this can happen in ruralArkansas, it can happen anywhere
.
So that's it for this episodeof 69 South.
We want to thank our listenersand our Patreon supporters and
(43:52):
everyone standing with theSpencers.
If you'd like to join ourPatreon, you can go to
wwwpatreoncom.
Forward slash 69 South, whereyou can get access to legal
documents, bonus episodes, earlyreleases, et cetera.
Speaker 3 (44:11):
Well, until then,
rest in peace, ozzy.
Have a good day, good evening,whatever, we'll see you next
(44:46):
time.