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Wrongly Convicted Database Record
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Charge: |
Statutory Rape |
Sentence: |
Life Imprisonment |
Years Imprisoned: |
19 |
Year Crime: |
1984 |
Year Convicted: |
1985 |
Year Cleared: |
2010 |
U.S. State or Country of Crime: |
Washington |
County or Region of Crime: |
Clark |
City of Crime: |
Vancouver |
Result: |
Judicially Exonerated |
Summary of Case: |
"Clyde Ray Spencer falsely pled no contest (Alford plea) on May 16, 1985 to the statutory rape of his son, daughter and stepson. In 1984 Clyde Spencer lived in Vancouver, Washington where he was a police officer, and his ex-wife, who had primary custody of their two children, lived in Sacramento. In August 1984 while his children were visiting, Clyde Spencer became suspicious that they might have been abused, and he contacted the Vancouver Police, the Clark County Sheriff's Office, and CPS in both Vancouver and Sacramento. During the investigation Spencer willingly took and passed two polygraph tests that he was told he failed. In January 1985 Spencer was charged with raping his daughter Katie after Clark County Sheriff’s Office Detective Sharon Krause had interviewed her a number of times. He was later charged with the rape of his natural son Matt, and his stepson, also named Matt. Spencer chose to agree to an Alford plea instead of putting his three children through the ordeal of testifying in court. An Alford plea allows a person to maintain their innocence while acknowledging there is enough evidence to convict them of the crime, and it has all the legal consequences of a guilty plea. Spencer was sentenced to two life terms, plus 171 months. Based on new evidence casting doubt on the police investigation and accounts of abuse by his children, his sentence was commuted to community supervision for three years by Washington Governor Gary Locke in 2004. He was released after almost 20 years in custody. However, he was required to register as a sex offender. Based on recantation by Spencer's natural children (His adult son Matthew Spencer signed an affidavit in February 2006 stating he was never abused, and his adult daughter Kathryn Spencer Tetz recanted in September 2007.), discovery the prosecution failed to disclose prior to his plea that medical exams of two of his children (the third child wasn't examined) showed no abuse, and the prosecution lied that he failed the polygraph tests that were actually inconclusive, Spencer filed a post-conviction personal restraint petition to withdraw his guilty plea. On October 13, 2009 the Washington Court of Appeals granted Spencer's petition. On September 29, 2010 Spencer was rearraigned, and he pled not guilty. The Clark County District Attorney's Office's motion to dismiss was granted by the Clark County Superior Court that same day, September 29. In June 2011 Spencer filed a 13 count federal civil rights lawsuit that named Clark County, several officers, and his ex-wife as defendants. During Spencer's 17-day civil trial attorney Kathleen Zellner read to the jury more than 300 statements in the police investigator's reports that were fabricated. She also presented evidence the children repeatedly told the investigators that no abuse took place, and that medical exams of two of the children failed to show any abuse (the third child wasn't examined). On February 4, 2014 a jury awarded Spencer $9 million. The jury agreed Sharon Krause, a detective from the Clark County Sheriff’s Office, who investigated Spencer’s case “deliberately fabricated” false evidence and either “knew or should have known” Clyde R. Spencer was innocent of the crimes he was charged with. On February 12, 2014 the Board of Clark County Commissioners voted unanimously not to pay the judgment. The Commission was advised by Chris Horne, the county's chief civil deputy prosecutor, that since Krause was found to have fabricated evidence, she was outside the scope of her duties as a county employee and so the county wasn't financially responsible. On August 13, 2014 U.S. District Court Judge Benjamin Settle in Tacoma, Washington granted the county's motion to overturn the judgment on the basis there was insufficient evidence presented at trial to show that Krause and another former Clark County Sheriff's officer had violated Spencer's constitutional rights and that jurors were given erroneous instructions. Judge Settle ruled that if Spencer wanted to pursue his case there would be a new trial. Spencer appealed Judge Settle's ruling to the Ninth Circuit Court of Appeals. On March 9, 2017 the U.S. Ninth Circuit Court of Appeals heard oral arguments in Spencer's appeal. On May 18, 2017 the 9th Circuit reversed the trial court and ordered reinstatement of the jury's verdict. On June 26, 2017 the ruling became final when the 9th Circuit denied a hearing en banc. It was announced on December 19, 2017 that Clark County and Spencer had agreed to settle the lawsuit for $6,000,000." |
Conviction Caused By: |
False admission of guilt and erroneous testimony by his children that was first elicited by improper questioning by police officers. |
Innocence Proved By: |
"On September 29, 2010 Spencer was rearraigned, and he pled not guilty. The Clark County District Attorney's Office's motion to dismiss was granted by the Clark County Superior Court." |
Defendant Aided By: |
Chicago attorney Kathleen Zellner represented Spencer in civil lawsuit. |
Compensation Awarded: |
"$6 million (Clark County, 12-19-2017)" |
Was Perpetrator Identified? |
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Age When Imprisoned: |
37 |
Age When Released: |
56 |
Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
"Man's Conviction of Abuse Serves As Cautionary Tale, Ken Olsen and Stephanie Rice (The Columbian, Vancouver, WA), Seattle Times, October 16, 2005." |
Information Location 1: |
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Information Source 2: |
"Key evidence never came up in rape trial of exonerated Vancouver cop, by Ed Teachout (staff), KGW.com, November 5, 2010" |
Information Location 2: |
http://www.kgw.com/news/local/Key-evidence-never-came-up-in-rape-trial-of-exonerated-Vancouver-cop-106767888.html |
Information Source 3: |
"Jury awards $9 million to former local cop, By Stephanie Rice (Staff writer), The Columbian (Vancouver, WA), February 3, 2014" |
Information Location 3: |
http://www.columbian.com/news/2014/feb/03/jury-awards-9-million-spencer/ |
Information Source 4: |
"Clark County refuses to pay $9 million Spencer judgment, By Tyler Graf and Stephanie Rice (Staff writer), The Columbian (Vancouver, WA), February 12, 2014" |
Information Location 4: |
http://www.columbian.com/news/2014/feb/12/clark-county-refuses-pay-9m-judgment-spencer/ |
Information Source 5: |
"Clark County settles Spencer’s wrongful conviction suit for $6M, By Jessica Prokop (Staff writer), The Columbian (Vancouver, WA), December 19, 2017" |
Information Location 5: |
http://www.columbian.com/news/2017/dec/19/clark-county-settles-spencers-wrongful-conviction-suit-for-6m/ |
Book About Case: |
"Memoirs of an Innocent Man, By Dr. Ray Spencer, Createspace, Feb. 2017" |
Book Information: |
https://www.amazon.com/Memoirs-Innocent-Man-Dr-Spencer/dp/1539408027/ref=sr_1_1?ie=UTF8&qid=1489784283&sr=8-1&keywords=memoirs+of+an+innocent+man+spencer |
Book About Case (2): |
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Book Information (2): |
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Movie About Case: |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org