Fetal homicide charge dismissed, bond lowered for KY woman charged after abortion
Officials have dismissed a charge of fetal homicide against a Kentucky woman who was indicted earlier this week after she used medication to have an abortion.
Melinda Spencer, 35, was initially indicted Tuesday afternoon by Wolfe County grand jury for charges of fetal homicide, concealing the birth of an infant, evidence tampering and abuse of a corpse. She was arrested Dec. 31 after a health care provider reported her to authorities.
During a hearing Wednesday, a circuit judge dismissed the fetal homicide charge, a move requested by prosecutors the same day of the grand jury indictment. Wolfe County lead prosecutor Miranda King said in her motion the fetal homicide charge initially sought against Spencer could not be applied to women who have an abortion.
Spencer’s cash bond was reduced from $100,000 to $2,500 as a result of the homicide charge being dismissed. The additional charges she was indicted on Tuesday — concealing the birth of an infant, abuse of a corpse and tampering with evidence — remain.
A staffer or staffers at United Clinic in Campton reported Spencer to authorities on New Year’s Eve after she sought treatment at the facility. Spencer had taken the medication days before, investigators said, and buried the remains of her pregnancy in her backyard.
When questioned by investigators, Spencer reportedly cooperated, leading investigators to discover the remains of a “developed male infant.” Authorities have not provided a gestational age or any additional information about the viability of the pregnancy.
State law prohibits the first-degree fetal homicide charge from applying in cases of abortion, both King and representatives for the American Civil Liberties Union of Kentucky have said.
“All Kentuckians deserve access to appropriate medical care. Kentucky’s abortion bans put people in the untenable position of being unable to have honest conversations with medical providers without fear of arrest,” Angela Cooper, of Louisville branch of ACLU, said in a statement. “We are relieved the Commonwealth saw fit to voluntarily dismiss this charge, but Ms. Spencer should not have been arrested in the first place.”
In her motion to dismiss, King acknowledges the statute “unambiguously” exempts Spencer from prosecution.
The Wolfe County official 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.
Department of Public Advocacy attorney Heather Estes was appointed to represent Spencer. Her next hearing is scheduled for Monday, Feb. 2.
