Prosecutor moves to dismiss fetal homicide charge in EKY medication abortion case
The Wolfe County commonwealth’s attorney has moved to dismiss a fetal homicide charge against a Kentucky woman arrested after a medication abortion.
Miranda King, the lead prosecutor for Wolfe County, filed a motion to dismiss a fetal homicide charge against Melinda Spencer, 35, of Campton, according to documents available Wednesday morning.
Spencer was charged Dec. 31 and indicted Tuesday after she reported to a health care provider that she took abortion medication and disposed of the remains in her backyard.
She also faces charges of abuse of a corpse, evidence tampering and concealing the birth of an infant.
King moved to dismiss the fetal homicide charge after she said state law prohibits the first-degree offense from applying to women who seek abortion care.
The statute was created by February 2004 law that says a person is guilty when they act with the intent to cause the death of an unborn child. However, the same statute is clear the charge cannot be applied to women receiving abortions stating, “Nothing in this section may be construed to subject the pregnant mother upon whom any abortion is performed or attempted to any criminal conviction and penalty.”
In her motion to dismiss, King acknowledges the statute “unambiguously” exempts Spencer from prosecution.
King said she “sought this job with the intention of being a pro-life prosecutor” but said she must follow the rules of law she’s sworn to defend.
“I am also grateful to the dedicated citizens who served on the grand jury and thoroughly reviewed this case,” King said in an emailed press release. “We will prosecute the remaining lawful charges fully and fairly.”
Spencer is set to be arraigned in circuit court Wednesday morning, and had no attorney as of Tuesday evening.
King initially sought a directed indictment against Spencer, which was filed in online court records Tuesday. A direct indictment bypasses the lower, district court, and takes a case directly to circuit court by way of a grand jury.
Spencer is being held in the Three Forks Regional Jail in Lee County. Monday, she received a separate charge of promoting contraband after officers located a syringe in her coat when she arrived. Her bond was set at $100,000 cash Jan. 6.
This story will be updated.
This story was originally published January 7, 2026 at 9:21 AM.
