WA Legal Roundup: Division II
Spencer was charged with sexual abuse of his son, daughter, and stepson. He entered an Alfred plea and served 20 years in prison until his sentence was commuted to community custody. He knows files a PRP with signed declarations from his son and daughter- both now adults- claiming that he never abused them.
The son and daughter had the same testimony throughout cross examination The appeals court found several other irregularities throughout the case including the State’s withholding of the medical examinations and the disclosure of the mother of one of the victims affair with one of the investigation detectives.
The state argued that M.S’s statement was not credible based on the In re Pers. Restraint of Clements. Spencer distinguished the case, and the court agreed that the statement from M.S was credible and was not inconsistent.
Based on the above evidence the appeals court felt they had no choice but to grant Spencer’s petition and remand to the trial court to withdraw Spencer’s Alford plea.