The evidentiary picture in Aaron Spencer's case has shifted dramatically since Judge Ralph Wilson replaced Judge Barbara Elmore. The defense filed a motion to dismiss based on the destruction of evidence — an SD card from Michael Fosler's dashcam containing front-facing and rear-facing video and audio from the night of the shooting. Four officers and a defense tech expert testified about the card's handling. The dashcam was never photographed at the scene. The SD card sat in a detective's office for over a year. Investigators admitted they did not follow their own protocols.Wilson declined to dismiss outright but left the defense the option to pursue the destruction claim through motions or a dedicated hearing. He reversed the previous judge's restrictions on reputation witnesses, opening the door to testimony from individuals who knew Fosler during his time in Indiana. He also reversed the prior ruling blocking FBI expert testimony on behavioral patterns.Criminal defense attorney Bob Motta examines the defense's position through the lens of the evidentiary record. The prosecution retains bodycam footage from three months prior to the shooting in which Spencer allegedly made statements about handling things himself. They've stated publicly that the trial will present information the public hasn't heard. Motta assesses whether dismissal remains viable, what a spoliation instruction accomplishes strategically, and whether the prosecution's pretrial losses have changed the calculus on charges or a potential plea.

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