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Prosecutors Dismiss Fetal Homicide Charge Against Kentucky Woman Who Took Abortion Pills
The fetal homicide charge was dismissed due to a legal exemption protecting pregnant women; Spencer faces charges of concealing birth, corpse abuse, and evidence tampering, prosecutors said.
- On Jan. 7, the Commonwealth’s Attorney’s office dismissed the fetal homicide charge against Melinda Spencer at her Wolfe County arraignment.
- Kentucky law exempts a pregnant woman's acts from fetal-homicide prosecution under KRS 507A.010, and prosecutors said the statute left them no grounds to pursue fetal homicide against the defendant.
- Spencer told investigators she took abortion medication at home and buried the fetus before Dec. 31, then sought care at a Campton clinic and was arrested after treatment, authorities say.
- Remaining charges leave Spencer facing felony counts for abuse of a corpse and tampering with physical evidence, a $100,000 cash bond, and possible prison terms of one to five years.
- Against the backdrop of Kentucky's near-total abortion ban since 2022, three 2025 bills to criminalize Spencer's acts failed, while the American Civil Liberties Union of Kentucky vowed continued legal advocacy.
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12 Articles
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Kentucky prosecutor moves for fetal homicide charge to be dropped in abortion case
An Eastern Kentucky prosecutor is seeking to dismiss a fetal homicide charge against a Wolfe County woman who police said took medicine for an abortion and then buried the fetus in a “shallow grave” near her home.
Coverage Details
Total News Sources12
Leaning Left3Leaning Right1Center5Last UpdatedBias Distribution56% Center
Bias Distribution
- 56% of the sources are Center
56% Center
L 33%
C 56%
11%
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