LEXINGTON, Ky. — An Eastern Kentucky prosecutor who walked back an expedited charge of fetal homicide against a woman last month said she realized during grand jury proceedings that state law explicitly prohibits applying the charge in cases of abortion.

But the woman, Melinda Spencer, 35, was indicted anyway Jan. 6, and the charge was dropped less than a day later.

Miranda King, commonwealth’s attorney for the 39th Judicial Circuit, would not explain in a brief, Jan. 28 interview with the Herald-Leader why no one noticed the charge did not apply to Spencer until King’s office presented to the grand jury — or why Spencer was indicted anyway.

“We just read the statute,” King said. “When we looked at it for the grand jury, we took a more intense look at it, and we realized we were unable to prove it.”

Spencer still faces charges of concealing the birth of an infant, abuse of a corpse and tampering with physical evidence.

In a news release announcing the most serious of Spencer’s charges was dropped, King described herself as a “pro-life prosecutor.”

She told the Herald-Leader that means she “seek(s) to protect life where (she) can and where it’s appropriate.”

When pressed about the timeline of realizing the charge was prohibited by Kentucky law from being applied to a woman seeking abortion care, Spencer declined to answer, citing that grand jury proceedings are confidential.

“It would be an ethical violation to discuss anything the grand jury did or didn’t do,” she said.

What happened in the case

Spencer’s case was referred to police after she told a health care provider Dec. 31, 2025, she took abortion medication and disposed of fetal remains in her backyard.

Staff at the United Clinic in Campton reported Spencer to authorities on New Year’s Eve after she sought treatment at the facility.

Spencer had taken the medication days before, investigators said, and buried the remains of her pregnancy in her backyard. When questioned by investigators, Spencer reportedly cooperated, leading investigators to discover the remains of a “developed male infant.” Authorities have not provided a gestational age or any additional information about the viability of the pregnancy.

Spencer’s attorney denies any wrongdoing by her client.

Typically, after a person is charged with a felony, they have a preliminary hearing in district court, where a judge will hear the charges and determine if there is probable cause to send the case before a grand jury, which then decides whether to indict the suspect.

But King obtained a “direct indictment” against Spencer, meaning she bypassed the lower court altogether, speeding up the process and obtaining an indictment for Spencer five days after she was arrested and charged.

Prosecutors have the discretion to pursue a direct indictment, often at the request of an investigating agency — in this case, Kentucky State Police. When they do, investigators present the case directly to the grand jury, rather than the lower court.

Spencer’s case was the second in which King has recently sought a direct indictment involving the death of a minor.

In August 2025, King stopped the preliminary hearing of Felicia Gross, a mother accused of killing her 10-year-old son, to hold a news conference announcing she had already indicted the woman and her husband, Josh Gross.

Both Felicia and Josh Gross’ charges remain pending in circuit court.

In the Jan. 28 interview, the Herald-Leader also asked about King’s familiarity with the fetal homicide law and whether her office had pursued that charge before.

“I am going to be honest with you: In my 20-plus years now, I can’t have any idea,” she replied. “It would be giving false information if I tried to tell you. … I don’t know about the history and statistics of the statute.”

An open records request for fetal homicide charges in recent years in the 39th Judicial Circuit, over which King presides, has not been fulfilled.

What’s to come in Spencer’s case

Kentucky law outlines that fetal homicide, a charge enacted through law in February 2004, is applicable when a person acts with intent to cause the death of a fetus.

But the statute also explicitly notes the charge cannot be applied to women receiving abortion care: “Nothing in this section may be construed to subject the pregnant mother upon whom any abortion is performed or attempted to any criminal conviction and penalty,” the law reads.

Less than a day after a grand jury indicted Spencer on a charge of fetal homicide, King asked a judge to dismiss it, admitting the statute was “unambiguous.”

Asked if her direct indictment and unlawful charge could hurt prosecutor’s case against Spencer from going forward, King said she was “not at liberty to discuss the case or consequences or what might happen.”

“In an effort to protect the integrity of the case, I can’t speak on more than what was placed in the press release,” she said.

Spencer’s attorney, Heather Estes, declined to comment for this story beyond saying her client did nothing wrong.

“The case is in the very early stages of the proceedings, and Ms. Spencer is not guilty of any crimes,” she wrote in an email.

Spencer’s next court date is April 20, according to online court documents. She posted a $2,500 bond and is no longer in jail custody.

Owsley County case

A few weeks after Spencer’s indictment, another Eastern Kentucky couple was charged in the death of an infant.

Deeann and Charles Bennett, of Owsley County, were charged with and indicted for reckless homicide Jan. 22. Deeann Bennett faces additional charges of concealing the birth of an infant, evidence tampering and abuse of a corpse.

The investigation began in November 2024, when Deeann Bennett went to the hospital with what Kentucky State Police described as a “possible miscarriage,” officers said in a news release Tuesday.

She told investigators she had disposed of the remains over an embankment at her house. The couple was charged last month, and on Tuesday, about 14 months after seeking medical care, they were arrested.

Unlike fetal homicide, reckless homicide — the charge the Bennetts face — includes no such restriction on who can be charged. It’s defined in Kentucky statute as simply “reckless(ly) caus(ing) the death of another person.”

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