Attorneys for Aaron Spencer ask judge to remove herself from, expand public access to trial

LONOKE COUNTY, Ark. — Attorneys for Aaron Spencer, the Lonoke County father set to stand trial after killing his daughter’s alleged abuser, made new motions on Friday that would alter Spencer’s trial significantly if granted.

The first is a motion for Judge Barbara Elmore, who is currently overseeing the case, to recuse, or remove, herself from it.

“It’s really an odd system where recusal motions are brought before the very judge who is asked to be recused,” said Robert Steinbuch from the William H. Bowen School of Law. “But that’s our system.”

However, Steinbuch said that’s what will happen in this case.

Elmore will get to decide whether she should be recused from overseeing Spencer’s trial, which is currently set to begin on January 26, 2026.

“It usually doesn’t take much time,” Steinbuch said of recusal decisions. “Because it’s that trial judge who’s making that initial call.”

The filing from Spencer’s attorneys contains several reasons why they say Elmore is unfit to handle the case.

One of the main reasons is Elmore’s perceived desire to hide the case from public view.

She attempted to institute a gag order in this case last year that the Arkansas Supreme Court rejected, calling it “far too broad” and restrictive of First Amendment-protected speech.

Then, on January 13, 2026, Elmore ordered that attendance at the trial be limited to 55 people, including all parties in the case as well as news media and members of the public.

“The Court entered a sua sponte order limiting public and media access to trial, capping attendance and providing no alternative means of observation, again without evidence, findings, or consideration of alternatives,” Spencer’s attorneys wrote. “That order functions as a courtroom closure and mirrors the secrecy concerns already condemned by the Arkansas Supreme Court.”

They also mentioned that Elmore was the judge who handled Michael Fosler’s initial sexual abuse case involving Spencer’s underage daughter, which led to him being released on bond and found with Spencer’s daughter once again.

“There is a question as to whether the judge’s involvement in that prior case should result in her not being involved in this case,” Steinbuch said.

According to Steinbuch and Spencer’s attorney, Elmore will get to rule on her own recusal, and her decision could only be appealed to a higher court after the trial if Spencer is convicted.

The other motion filed by Spencer’s attorneys on Friday is a request for a writ of certiorari, which is a decision by a higher court to examine the decision of a lower court.

In the motion filed with the Arkansas Supreme Court, Spencer’s attorneys asked for the January 13th order limiting attendance to be vacated, and Elmore to be recused from the case.

“In violation of Spencer’s Sixth Amendment right to a public trial and the First Amendment rights of the public and the press, the circuit court entered the order without receiving evidence, holding a hearing, identifying a compelling or overriding interest, ensuring that a closure is no broader than necessary, considering reasonable alternatives, or making the findings required to justify any courtroom closure,” the motion said of the January 13th order.

In 2022, the Lonoke County trial of Sgt. Michael Davis, for killing unarmed teen Hunter Brittain, was moved to an alternate venue to accommodate more people, though the court order stated this was at least partially due to the COVID-19 pandemic.

The petition for writ of certiorari filed on Friday also asks for the case to be removed from Judge Elmore’s court, citing many of the same reasons that were present in the motion submitted to Judge Elmore.

It also mentions Spencer’s candidacy for Lonoke County Sheriff and the fact that this could create a conflict of interest.

“His [Spencer’s] political opponent is both a witness in this case and a public official with whom the circuit court has worked professionally for more than a decade,” the petition reads. “In that context, continued efforts to limit public access amplify the appearance of bias and entrench the perception that the circuit court is responding to scrutiny by constricting it, rather than by adhering to this Court’s mandate.”

We reached out to Elmore’s office to ask for a response to the defense’s motion for recusal, as well as to ask questions about who will be allowed in the courtroom and whether potential inclement weather could affect scheduling.

However, we have not heard back.

A full statement from Erin Cassinelli, Spencer’s attorney, on the petition filed with the Supreme Court can be found below:

“Aaron Spencer is a decorated combat veteran who served his country with the 82nd Airborne and remains committed to public service even in the midst of these legal proceedings. Aaron has nothing to hide and has welcomed public scrutiny of this case from day one. The trial judge, on the other hand, has done everything possible to keep this trial out of public view. This is the second time we’ve had to ask the Arkansas Supreme Court to step in. Back in May, they struck down her gag order and told her she couldn’t unconstitutionally restrict the public’s access. The Court was very clear about the rules she needed to follow. Seven months later, she issued another order limiting who can watch the trial, and she did it without a hearing, without evidence, and without following any of those rules. At some point, a pattern becomes impossible to ignore. We want this trial behind Aaron as much as anyone, but not at the cost of a fair and open process. That matters to him and it matters to the people of Lonoke County and the State of Arkansas.”