Legal wrangling continues over Spencer award
By Stephanie Rice, The Columbian, Vancouver, Wash. | |
McClatchy-Tribune Information Services |
Spencer, who lives in the
On
Jurors also found former CCSO Sgt.
The county didn't carry liability insurance when Spencer was convicted, so no carrier will cover any verdict or fees the county has to pay.
The Board of
In the latest court filing, Spencer's attorney,
She argues that Krause was assigned to investigate the Spencer case and Davidson was assigned to supervise the investigation.
"The liability of Krause and Davidson stems from their investigation and supervision of the Spencer case on behalf of the CCSO," she wrote.
"It is beyond dispute that they were acting to an 'appreciable extent' to serve their employer, the CCSO."
In her
Previously, attorneys for Krause and Davidson have argued there was insufficient evidence to show they knew or should have known Spencer was innocent.
Settle has yet to rule on any of the post-trial motions.
In 1985, Spencer entered an Alford plea, acknowledging a jury could find him guilty. He has since said that at the time of his plea he was suffering from depression and was told by his attorney that he didn't have a defense.
In five times before a parole board, Spencer refused to admit guilt even though that meant staying in prison.
Gov.
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