Fourth trial possible in Spence case

Following proceedings on Friday in Hot Springs District Court, a trial for Justin Spence will be set at a later time. Spence is charged with incest, a felony charge that alleges on July 4 or 5, 2014, he molested a juvenile female.

Should the case go to trial, it will be the fourth for Spence on the charge. His first trial was cancelled due to a holiday conflict. His second was again rescheduled, after his defense attorney expressed concern he had not received all of the taped interviews of the alleged victim, and he was given time to review an interview.

The rescheduling of the second trial came after the alleged victim had been questioned about her relationship with Spence prior to and following the alleged incident, as well as how law enforcement and other agencies became involved.

The third trial, which lasted three days, saw a conviction by jury for Spence on the incest charge. During the trial, the prosecution presented a history of how Spence came to be a friend of the juvenile’s family and how they grew close over the years. Among the evidence presented was over 200 inappropriate text message Spence sent to her while she was at his home, leading to the incident in July of 2014.

However, the defense presented a different scenario, one in which the juvenile, who spent the night at Spence’s, left during the night and met with a juvenile male she was in a relationship with. The defense also argued that the victim had a hard time keeping her story straight throughout the trial.

Spence was sentenced on Oct. 16, 2017, to three to five years at a Wyoming Department of Corrections facility. He filed an appeal, and the verdict was reversed and remanded. In the Wyoming Supreme Court’s decision on the appeal, it was determined that the juvenile’s credibility was at issue.

Further, it was determined that the juvenile’s counselor testimony that the incident was the cause or her PTSD was impermissible and prejudicial.

Spence has pleaded not guilty to the charge and is currently free on a $30,000 signature bond.