Story Created:
Oct 29, 2009 at 7:42 PM CDT
Story Updated:
Oct 29, 2009 at 11:45 PM CDT
Donald Nash has heard his verdict-- guilty of capital murder for killing his girlfriend, Judy Spencer, back in 1982. That means life in prison without probation or parole until he has served 50 years. The decision was announced Thursday evening. The jury deliberated for nearly four hours. The prosecution waived the death penalty in the case. Defense Attorney Frank Carlson says he plans to file a motion for a new trial in 25 days. Click on our video report to hear more.
Tune in to KSPR this morning Friday for a full update on the jury's decision and both family's reactions.
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Day 3 updates:
A trial continues for a Dent County man accused of killing his girlfriend in 1982. Donald "Doc" Nash is charged with first-degree murder in the death of Judy Spencer. The trial is being held in Phelps County on a change of venue. The jury was selected from Crawford County. Last year, Nash was arrested after crime lab analysts completed new DNA testing in the cold case. Investigators say Nash's DNA matched DNA found underneath Spencer's fingernails 27 years ago. On March 11, 1982, Spencer was found strangled with her own brown suede shoelace and shot in the neck. Her body was covered up with brush in the pit of an old abandoned outhouse near Salem.
8:05 a.m Update: Carlson cross examined the state's final witness-- a criminalist from a Missouri State Highway Patrol crime lab. The attorney questioned Ruth Montgomery for about 20 minutes. Carlson asked Montgomery if she knew if Spencer washed her hair with shampoo that was detergent based or soap based before her death. Montgomery said she did not know. She also did not know if Spencer and Nash had any contact before or after she washed her hair.
8:25 a.m Update: The state rested case its case against Nash.
8:27 a.m. Update: Nash's Attorney Frank Carlson filed a motion for an acquittal. Judge Douglas E. Long denied the motion. The court took a recess. The defense is preparing to call its first witnesses. They are expected to continue to question the importance and quality of the state's DNA evidence. It's still unclear if Nash will take the stand.
11:00 a.m. Update: After a two hour recess, the defense called several witnesses briefly to the stand. First, Carl Rothove, a retired forensic
chemist with the Missouri State Highway Patrol crime lab. Rothove says Spencer did not have any sign of methamphetamines in her system. At the time of her death, Rothove says Spencer did have a blood alcohol level of .18 or two times the legal amount. He testified he did not find any evidence of gun shot residue on the kit performed on Nash in 1982. Special prosecutor Ted Bruce cross examined. Rothove agreed if someone repeatedly washed their hands they could eliminate gun shot residue.
Afternoon Summary Update:
Jennie Boxx was next on the stand. Boxx was a Salem police department dispatcher in 1982. She says on several occasions Spencer called dispatch saying she was scared and felt someone was following her. Each time Boxx says she dispatched officers to walk Spencer to her car after work at the hospital in Salem.
Then the defense called Regina White. White became the Dent County coroner in January this year. She brought a death certificate prepared by the original county coroner. According to the certificate, the coroner in 1982 listed Spencers time of death as 9:10 a.m. on March 11, 1982. In opening statements the defense said Nash was at home making phone calls to Spencer's friends and family during that time. The attorney did not produce any evidence of those phone calls as of Wednesday afternoon. Bruce asked if the former coroner had any scientific training to make that determination. White said she did not know.
Carlson called the man who found Spencer's body with his brother on March 11, 1982. James Nickels says he and his brother went to check on cattle at a property they rented at the time. The property was used to run cattle at the time. When Nickels arrived, he says he found evidence of what appeared to be a "large party." He described walking past beer cans before spotting
a human foot. He says he then called the sheriff's office to investigate.
The defense called Stephanie Beine as their final witness. Beine works as a DNA analyst for Genetic Tech Incorporated. The company is hired to analyze evidence. She was paid per hour for her work on Nash's case.
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