LOUISVILLE, Ky. (WDRB) -- A Kentucky grand jury indicted a Wolfe County woman for fetal homicide earlier this week, but the charge was dismissed Wednesday.
According to a news release from Miranda King, the commonwealth's attorney for Breathitt, Powell and Wolfe counties, the fetal homicide charge was dismissed, citing a Kentucky statute that "prohibits the prosecution of a pregnant woman who caused the death of her unborn child."
Melinda Spencer, 35, of Campton, Kentucky, was arrested on New Year's Eve, Kentucky State Police said, after troopers were contacted by a clinic in Campton. Workers there said a woman came in and told them she aborted a pregnancy at her home.
Troopers began investigating and interviewed Spencer, who admitted she'd ordered the medication online, resulting in the death of "a developed male infant." Spencer then told troopers she buried the remains in a shallow grave on her property, KSP said. The news release did not indicate how far along Spencer was in the pregnancy.
KSP found the grave and arrested Spencer, charging her with fetal homicide, abuse of corpse and tampering with physical evidence.
Kentucky's near-total abortion ban has been in place since a so-called trigger law took effect when the U.S. Supreme Court overturned Roe v. Wade in 2022. But KRS 507A.101(3) prohibits the prosecution in this case, according to King.
"I sought this job with the intention of being a pro-life prosecutor but must do so within the boundaries allowed by the Kentucky State law I'm sworn to defend," King said in a news release Tuesday. "I'm thankful for the investigative work of the Kentucky State Police on this case. I am also grateful to the dedicated citizens who served on the grand jury and thoroughly reviewed this case. We will prosecute the remaining lawful charges full and fairly."
Spencer still faces felony charges of abuse of a corpse and tampering with physical evidence. She is also charged with concealing the birth of an infant, which is a misdemeanor.
In court Wednesday, Spencer pleaded not guilty and a judge set her bond at $2,500. She's scheduled back in court Feb. 2.
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