Utah Court of Appeals hears challenge to denial of directed verdict in Spencer case; court takes matter under advisement

SALT LAKE CITY — The Utah Court of Appeals on Thursday heard oral argument in State of Utah v. Spencer over whether the trial court should have granted a directed verdict because the record was insufficient to establish the victim’s age at the time of the charged conduct, and whether the defendant received ineffective assistance of counsel.

Melissa Jo Townsend, attorney for appellant Derek Spencer, told the three-judge panel that “Derek Spencer’s motion for a directed verdict should have been granted,” arguing that the record was too inconclusive about the victim Casey’s age to allow a reasonable jury to find beyond a reasonable doubt that she was younger than 14 when the events occurred.

Townsend pointed to the trial record’s chronology: Casey testified she was 18 at the time of trial on Aug. 30, 2022; she visited a doctor on May 25, 2018; and the doctor visit followed the charged encounter. Townsend said Casey…