Clark County prosecutors missed the deadline to ask the Washington Supreme Court to reconsider its decision allowing a former Vancouver police officer to withdraw his no-contest plea in a 1980s sex abuse case.
That means prosecutors must decide whether to file new charges against Clyde Ray Spencer or dismiss the case altogether.
They’re mum on the deliberations. Senior Deputy Prosecutor John Fairgrieve said prosecutors are reviewing the case and will have a meeting late this week to decide.
After the Court of Appeals vacated Spencer’s 1985 conviction of sexually abusing his children last year, prosecutors asked the appellate court to reconsider. Then, they took their pleas to the Supreme Court. Last month, a Supreme Court commissioner sided with the Court of Appeals. Prosecutors had until Aug. 12 to ask for another review by a panel of Supreme Court justices.
“The deadline has passed. It’s clear they’re not going in that direction,” said Peter Camiel, Spencer’s Seattle attorney.
The next step is for the Court of Appeals to send the case back to Clark County Superior Court. At that time, a judge will schedule a hearing, where prosecutors will say whether they wish to proceed with charges or dismiss the case.
On May 16, 1985, Spencer, now 62, entered a no-contest plea, which is considered the same as a guilty plea, and was sentenced to two life terms plus 14 years. He spent nearly 20 years in prison before Gov. Gary Locke commuted his sentence in 2004.
Last year, the Court of Appeals found several holes in Spencer’s conviction, including the fact that his two adult children now say the abuse never happened. The court also noted “significant irregularities,” including the withholding of medical exams showing no evidence of abuse and the fact that the supervising detective was having an affair with Spencer’s wife.
In pressing the higher court to reconsider, prosecutors noted that a third victim, Spencer’s younger stepson, never recanted. However, the Court of Appeals said the stepson was too young — 4 years old — at the time of the alleged abuse to be a reliable witness.
Laura McVicker: 360-735-4516 or laura.mcvicker@columbian.com.
