48 Hours - Maria Spencer's Vow to Kill

Episode Date: November 17, 2019

A woman repeatedly threatened to kill her ex. She enlisted her father to help make good on her promise. Why couldn’t anyone stop her? "48 Hours" correspondent Peter Van Sant reports.See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Wondery Plus subscribers can listen to this podcast ad-free right now. Join Wondery Plus in the Wondery app today. Even if you love the thrill of true crime stories as much as I do, there are times when you want to mix it up. And that's where Audible comes in, with all the genres you love and new ones to discover. Explore thousands of audiobooks, podcasts, and originals, with more added all the time. thousands of audiobooks, podcasts, and originals, with more added all the time. Listening to Audible can lead to positive change in your mood, your habits,

and even your overall well-being. And you can enjoy Audible anytime, while doing household chores, exercising, commuting, you name it. There's more to imagine when you listen. Sign up for a free 30-day Audible trial and your first audiobook is free. Visit audible.ca. In 2014, Laura Heavlin was in her home in Tennessee when she received a call from California. Her daughter, Erin Corwin, was missing. The young wife of a Marine had moved to the California desert

to a remote base near Joshua Tree National Park. They have to alert the military. And when they do, the NCIS gets involved. From CBS Studios and CBS News, this is 48 Hours NCIS. Listen to 48 Hours NCIS ad-free starting October 29th on Amazon Music. The week before Frank was murdered, we were at a go-kart race. Frank would be running all these cars, it got so competitive and they loved it. He couldn't quit. A real competitor.

Yeah, he really, he just, the quit wasn't in him. Frank Spencer was, he was like a big teddy bear. If he knew you, he'd cut a leg off, get up, and ask if you need anything else. He was one of a kind. Great person. Outstanding friend. I've talked to at least five of Frank's friends

who've all told me they were Frank's best friend. I think that speaks volumes about who Frank Spencer was. Peter, this is the Frank Spencer residence, the scene of the murder. Really unchanged since 2012. Can you take me inside? Sure. Let's go.

Frank Spencer's body was right here on these tiles. Oh, my. Is that remnants of his blood here? It is. We didn't have to ask each other. We knew. We knew it was Maria. We didn't know who else might have been involved,

but we knew it was her. Maria Spencer, to me, is a classic femme fatale, an attractive woman, a seductress, who when a man becomes involved with her, this is going to end poorly. How would I describe her? As a terrorist. You keep f***ing with me, because I'm not f***ing with you.

I mean it, Spencer. I'm f***ing done. It was a campaign of terror. Frank is afraid of Maria, and he's also afraid of Rocco Franklin. Rocco Franklin's Maria Spencer's father. Everybody knew who Rocco was. I'm a street guy. Rocco. Everybody calls me Rocco Franklin. Rocco Franklin's Maria Spencer's father. Everybody knew who Rocco was. I'm a street guy. Rocco. Everybody calls me Rocco.

What was the reputation of Rocco? The mythology of Rocco in the community. He was a hit man. He would do things for people. He had some type of association with the mob. I'm not a violent guy. I don't mind breaking somebody's f***ing legs, but they deserve it. This was not simply a violent guy. I don't mind breaking somebody's f***ing legs, but they deserve it.

This was not simply a murder case. Frank told me where it was going to happen was going to be at his house. She said you're going to get shot in the head. She told him that. I think she was an emotionally troubled woman who did not want to be divorced. If you could picture somebody screaming, help, help, help, and everybody's just standing around watching,

that's what the situation was like. Was he a dead man walking? Absolutely. In his opinion, yes. You will win unless I let you in. Do you understand? You don't win, Spencer. How could this all happen? If you made this into a movie tomorrow,

nobody would believe it actually happened. Have you ever wondered who created that bottle of sriracha that's living in your fridge? Or why nearly every house in America has at least one game of Monopoly? Introducing the best idea yet, a brand new podcast from Wondery and T-Boy about the surprising origin stories of the products you're obsessed with and the bold risk-takers who brought them to life. Like, did you know that Super Mario, the best-selling video game character of all time, only exists because Nintendo couldn't get the rights to Popeye? Or Jack, that the idea for the McDonald's Happy Meal first came from a mom in Guatemala?

From Pez dispensers to Levi's 501s to Air Jordans. Discover the surprising stories of the most viral products. Plus, we guarantee that after listening, you're going to dominate your next dinner party. So follow The Best Idea Yet on the Wondery app or wherever you get your podcasts. You can listen to The Best Idea Yet early and ad-free right now by joining Wondery Plus. It's just The Best Idea Yet. for you right now by joining Wondery Plus. It's just the best idea yet. In the Pacific Ocean, halfway between Peru and New Zealand, lies a tiny volcanic island.

It's a little-known British territory called Pitcairn, and it harboured a deep, dark scandal. There wouldn't be a girl on Pitcairn once they reach the age of 10 that would still a virgin. It just happens to all of us. I'm journalist Luke Jones, and for almost two years, I've been investigating a shocking story that has left deep scars on generations of women and girls from Pitcairn. When there's nobody watching, nobody going to report it,

people will get away with what they can get away with. In the Pitcairn Trials, I'll be uncovering a story of abuse and the fight for justice that has brought a unique, lonely Pacific island to the brink of extinction. Listen to the Pitcairn Trials exclusively on Wondery+. Join Wondery in the Wondery app, Apple Podcasts or Spotify. I was working on the go-karts. We were right in the middle of a big series.

We were trying to win. It was July 3rd, 2012, in the once easygoing town of Bloomsburg, Pennsylvania. A Tuesday. Joe Yodock, Frank Spencer's lifelong friend, hadn't heard from him

since Saturday. And I had been texting him because we had issues we had to work on with the go-karts. Joe and Frank raced go-karts together for years with their kids. And so that morning, Joe went looking to find his missing buddy. I'll never forget it. I was pulling down the driveway and I thought, man, I hope I don't find him dead. When Joe found Frank lying on the floor, it took him a moment to process what he was seeing and he had

this look of peace calmness that he hadn't had in a long time i stepped over his legs and i noticed what looked like dried blood in his ear now i realized what happened and then he wasn't alive Now I realized what happened, and that he wasn't alive. This loss, somebody you knew from the time you were in kindergarten, can you put that in words? No. It was a tragedy, but not a mystery for Frank's loved ones. Most suspected, Maria Spencer, Frank's former wife,

who had officially become his ex-wife just three weeks before the murder. Maria didn't want the divorce, and the proceedings had been drawn out and contentious. Very contentious. You could tell there was just venom. Didn't matter who was there, she'd fly in screaming, slamming car doors. Ironically, Maria's passion was one of the things that had attracted Frank to her in the first place. He liked the crazy. Frank's friend, Paul Siciliano.

You know, in the beginning when they were together, it was fun for him, you know, because he did have that kind of wild side to him. Frank and Maria eloped in 1997. Soon they had a son, Cyrus, and then a daughter, Frankie. Well, the kids were his biggest priority. Everything he did was about the kids. When Frank's father retired, he took over the family business, a junkyard located behind Frank's childhood home. Frank's friend and Joe's wife, Katie Yoduck. He knew everybody.

I mean, everybody in the town knew Frank Spencer. Frank's friends say Maria didn't seem to warm to family life the way Frank had. Frank was disappointed that she wasn't taking that much of an interest in the kids. The marriage eventually began to crumble, and Frank filed for divorce in 2006. Police were called several times for domestic disputes. Despite this, Frank wanted to keep the kids in one home. His friend, Ron Romick.

Frank said that kids shouldn't be punished by having to go to their mother's house or their father's house. This is your house. So this week I live here. Then that week I'll leave and that the kids should try to have as stable as life as they possibly can. But friends say Maria was anything but stable. In 2008, she was arrested after a scuffle with Frank's mother at her daughter's school. She was charged with disorderly conduct, harassment, and child endangerment for allegedly not buckling her daughter into the car.

Tom Leipold prosecuted the case when he was an assistant DA, but didn't feel he could prove child endangerment. And so I agreed to dismiss that charge in exchange for the plea to the two other offenses. Maria pleaded guilty and had to pay a $600 fine. But the judgment only seemed to fuel Maria's rage. She repeatedly threatened to kill Frank, sometimes in front of other people. Frank had been reporting those threats to local police for years. The issue is that Frank and Maria's relationship was volatile. Hemlock Township Police Officer Scott Tross says Frank and Maria

would fight, but often reconcile. He says he wrote up Maria's threats, but says Frank didn't want it pursued. He just wanted things documented for his sake in case something happened to him. By 2009, the Spencer's divorce battle was three years along and still far from over. But emotionally, Frank was moving on. Did the two of you hit it off right away? We did. Frank and I both admit that we were both smitten at the same time when meeting each other. Julie Dent met Frank through mutual friends and things soon turned serious. Maria did not take this news well, especially when she heard Julie had spent time with the children. Hey, Julie, it's Maria Spencer. You can go out with Frank, but do not, make no

mistake about it, watch my children. This situation escalated further. That summer, Maria's father, Rocco Franklin, who had a reputation as a tough guy, was released from prison after serving five years on fraud charges. This was not good news to Frank. He started changing his habits when her father was out of jail because he was very concerned about something happening to him. Did he feel like he was being hunted? Yes. something happening to him. Did he feel like he was being hunted?

Yes. A few months after Rocco's release, there was a break-in at Frank's junkyard. Nothing of value was taken, but a pile of business records was stolen, documents that could potentially help Maria prove Frank's income in the divorce. The day after the apparent break-in, I received a phone call from

Maria Spencer saying that she had found a trash bag on the front porch of her mother's house with all these business records in it. Remember Tom Leipold, the man who once prosecuted Maria? He was now serving as Maria's divorce attorney, even though he was still an assistant DA. Maria's divorce attorney, even though he was still an assistant DA. It may sound bizarre, but it is allowed in Pennsylvania for part-time prosecutors. In terms of appearances, do you understand why, for some, it's troubling that you took on Maria Spencer because she'd had all these run-ins with the law? Doesn't that compromise you? had all these run-ins with the law, doesn't that compromise you? It did not compromise me.

I had no contact and no involvement with any criminal matter involving Frank Spencer or Maria Spencer after I undertook to represent her in the divorce. None. Many in town suspected Maria and Rocco had been involved in the burglary. Sergeant Traugh interviewed Maria and gathered evidence, which he took to the DA, Tom Leipold's boss. I consulted with the district attorney at that time, and then I reviewed the entire case with him, and he determined that there was not enough to pursue criminal charges against Maria Spencer. Maria gave the documents to her lawyer, and they were ultimately returned to Frank. But the burglary was left unsolved.

To this day, I don't understand it. It's like we're in some weird universe. Frank's friends were beginning to wonder if Maria would ever be stopped, especially when they saw what happened next. I guess when the house burned down, I was like, this isn't a game anymore. Hot shot Australian attorney Nicola Gaba was born into legal royalty. Her specialty? Representing some of the city's most infamous gangland criminals.

However, while Nicola held the underworld's darkest secrets, the most dangerous secret was her own. She's going to all the major groups within Melbourne's underworld, and she's informing on them all. I'm Marsha Clark, host of the new podcast, Informants Lawyer X. In my long career in criminal justice as a prosecutor and defense attorney, I've seen some crazy cases, and this one belongs right at the top of the list. She was addicted to the game she had created. She just didn't know how to stop. Now, through dramatic interviews and access, I'll reveal the truth behind one of the world's most shocking legal scandals. Listen to Informants Lawyer X exclusively on Wondery Plus. Join Wondery

Plus in the Wondery app, Apple Podcasts, or Spotify, and listen to more Exhibit C true crime shows early and ad-free right now. As a kid growing up in Chicago, there was one horror movie I was too scared to watch. It was called Candyman. It was about this supernatural killer who would attack his victims if they said his name five times into a bathroom mirror. But did you know that the movie Candyman was partly inspired by an actual murder? I was struck by both how spooky it was, but also how outrageous it was. Listen to Candyman, the true story behind the bathroom mirror murder, wherever you get your podcasts. Hey, Julie, it's Maria Spencer. Do me a favor. Don't watch my children. Do not get between me and Frank by doing my children. Do you understand me? By the winter of 2010,

the War of the Spencers continued, and so did the threats from Maria. I've never been threatened. I really chalked it up to just a bully, that she was just running her mouth, as she so often did. Maria continued to harass Frank too, often making veiled threats about her father.

Hey Frank, it's Maria. She's an old man, got funny ways. I thought I'd let you know because I care about you, not because I wanted to frighten you. Despite the threats, Julie and Frank tried to live a normal life. That January, they planned a romantic trip to the Caribbean. And was Maria aware that you were about to take a vacation? Unfortunately, yes.

Maria started texting Julie about Frank. He says he loves me and didn't want to disappoint you on your only vacation this year. And do you want to know if he loves you or me? Then the night before they were supposed to leave, she asked Frank to dinner to talk about custody and dinner turned into a room for the night at a hotel. She lured him away. That night, Frank's mother's home, where he lived off and on, went up in flames. Frank's friends rushed to the scene, including his divorce attorney, Joel Wiest. Nobody could find Frank.

We were all very upset, thinking Frank was in the fire. Fortunately, the house was empty that night, except for the kid's dog, who was in the fire. Fortunately, the house was empty that night, except for the kid's dog, who died in the fire. Frank's friend, Dirk Reed, says as they were standing by the smoldering ruins, Maria drove up, smiling. Drives up the driveway, smirk on her face, turned around and left, and that was that. Frank arrived soon after Maria left

and told the state police fire marshal that he was certain Maria and her father had set the fire. But the fire marshal said there was no way to find evidence of arson because the structure was destroyed. The fire was designated undetermined. Frank was extremely angry that they could not figure out why or how the fire started. Frank was done with just wanting things documented. He wanted an arrest. Frank and I approached everybody we could think of in the law enforcement community. I still to this day do not know if there was ever an investigation. Sergeant Traugh from the Hemlock Township Police started a case file and spoke to Maria, but says because of the fire marshal's conclusion, there was little else he could do. I did have a strong suspicion that it was arson, but I'm not an expert. So when he determined that, that's what I have to go with.

So when he determined that, that's what I have to go with. After the fire, Maria seemed to taunt Frank in a text. Karma is a wonderful thing. You destroyed my life. I feel a lot better since your whole life went up in the fire. Makes it fair. And I can hear her saying it. It was just a text. I can hear it. Maria followed up with another menacing text about Julie. I will make her lose her job, her home, and you. Did Frank read that to you? He did.

He was very distraught by it. As time went on, Maria's threats grew more bold and more public. At a kids' soccer game, Maria screamed in Julie's face that her house was next. A few months later, Julie was home alone, asleep. It was when I heard the breaking of glass as I came around to the top of the stairs as I was about to round the corner. I was greeted by a fireball, literally a fireball, coming up the stairs. What do you do? Nothing else I could do but to open a window and go out onto the porch roof. Julie jumped from her second-story porch roof and survived, shaken but uninjured.

I lost everything. And do you believe that the sole intent of this was to burn a house down or was it to kill you? I do believe it also had the component of ridding me from the life, yes, of Frank Spencer. Julie lived in a different county, and she and Frank were hoping for a better outcome this time. But another state police fire marshal at the scene that night said he couldn't find evidence of what started the fire. At this point, even I wasn't accepting it, let alone Frank. Julie's home insurance sent a fire inspector out the next

morning, and Joel Weiss says he showed him what they'd found here by this window. There was a car jack right here laying on the ground. It was a scissor jack that would lift the car. What would a jack be doing here? It's heavy. It's steel. It was used to break that window in. And the investigator noticed a path through the weeds by the house. There was a milk jug, a gallon container, and there was an unused road flare lying next to it. An igniter. An igniter, which said to the investigator, these are the makings of a firebomb. A firebomb.

The state police fire marshal came back out to the scene. And they used their apparatus to determine accelerants, and there was gasoline all over those steps. This time, the fire was ruled an arson. Frank and Julie told the fire marshal they were certain Maria was involved and shared her prior threats. But once again, no one was charged. In the fall of 2010, Frank and Julie tried separating briefly and in desperation told their story to a local paper. A year and a half later, there was something else in the newspaper,

an announcement that Frank and Maria were finally divorced. newspaper, an announcement that Frank and Maria were finally divorced. Had the two of you talked about spending the rest of your lives together, perhaps? We did. Yes. But that would never happen. The day after that divorce notice was published, Frank Spencer was dead. Let's open this a little bit farther. Oh my. This is his home right here? Yes, it is. Right here on the left, this is the murder scene. Pennsylvania State Police Corporal Sean Williams was assigned to lead the murder investigation the day Frank Spencer's body was found. On that July morning, as you approached the front door here, what did you see?

Peter, there was a lot of blood right here in front of this doorway. The blood had striations in it, like as though it had been pushed with a push broom, attempt at cleanup. Frank's house has been frozen in time in the years since his murder in 2012. You can see some of our chemical testing, Frank Spencer's blood spattered against this frame and door. Can you get us inside? Sure. Frank Spencer's body was right here on these tiles.

Frank's head was behind this doorway, and his arms were outreached above his head. He was laying on his back. Investigators found their next clue in the blood around Frank's body, right here, where this section of the floor was removed. The forensic service unit did their collection of evidence. They found that there were footwear impressions on this tile and blood. Footprints. Yes. Right here. Yes. We sent it to the FBI for analysis, and it came back that it was a Dr. Scholl's model, Escape brand, size 11 sneaker. The same size and brand of shoe that Maria's father, Rocco, was known to wear.

What other evidence did you find here in the house? I can show you if you come on in. This is the main living room of Frank Spencer's home. We come back into the kitchen here. The forensic services unit, they found a glove, a yellow cleaning glove, right about this position right here. You expect to see a rubber glove in the kitchen, but not laying in the middle of the floor. And the mate for the rubber glove was actually right inside the sink here. When the gloves were tested, Maria's DNA was found inside.

Friends say she hadn't lived in that house in over a year. Friends say she hadn't lived in that house in over a year. It wasn't a door slam, close the file and make an arrest, but it definitely helped us along the way. Detective Williams had now apparently linked Maria and her father Rocco to the murder scene. But that could only take Williams so far. I mean, we work in our business with fact. So just because everybody in town was saying, I think Maria did this, I think her father did this, we couldn't just assume that. But soon, investigators uncovered more evidence of two suspects. Frank had been shot by two different guns.

And forensic analysis determined that the first bullet struck frank when he was outside the front door and it came from a rifle a bullet passed through his bicep and went into his chest cavity and was that a fatal shot do you believe yes you believe? Yes. Since a rifle is typically a long-distance weapon, police expanded their search into the woods. Peter, right up here on this ridge across from the house, you'll see a Y in a tree, and there's a big base. This one right up here? Yes. So that is the location where we found a spent casing, a live casing, both.30-06 rounds, and there was a soft gun case for a long rifle located as well. Now, this killing took place in July, high to summer, so I take it this whole hillside would be covered with leaves, bushes. Would Frank have seen an attacker up there? I wouldn't think so.

So this was a classic ambush? Yes. After that first shot, Williams says Frank was dragged inside and shot again, this time with a handgun at close range. Then why a second bullet? It could be a motivation of hatred. It could be a message sent to Frank Spencer. That shot meant something to someone that put it there. Detective Williams had another mystery to solve. Where was Frank's pickup truck? We have a victim inside the house,

but there was no vehicle there for the victim. Investigators checked security cameras along the roads near Frank's house, and they found images of Frank's truck driving away from his house just minutes after they calculated he had been murdered. But who was inside the truck? been murdered. But who was inside the truck? I sent it to the United States Secret Service and it was still just too far away. It wasn't like they could zoom in, look through the window and see who was there. Frank's truck was eventually found in Sunbury, Pennsylvania, 27 miles from Frank's house and just five miles from where Maria was living at the time. Frank's missing truck had led police toward Maria's home.

But there was something else missing from Frank's that day that would lead them toward Rocco's. And then all of a sudden, there was a dog up here. Right over here. It's a Weimaranian. You good? What do you think? Does it look all right? Yeah, I think so. Frank and Barbara Pinto run a wedding venue in Dauphin, Pennsylvania,

72 miles from where Frank Spencer was killed. On the day of the murder, they were setting up for a wedding when an uninvited guest wandered in. A beautiful dog just comes sashaying in. I said, well, whose dog is this? And nobody knew whose dog it was. It was Frank's dog, Muttley, adopted after

his kid's dog was killed in that fire. So, did Muttley look exhausted like it had taken some 70-mile journey to get here? No, you could tell he was somebody's dog. He was very well taken care of. Detective Williams realized that someone had driven Muttley to Dauphin, and that person must have been at Frank's house at the time of the murder.

And how many killers would take a dog with them unless they knew that dog? I wouldn't think too many. Williams learned that Rocco lived in Harrisburg, Pennsylvania, and the wedding venue is right along the road from Frank's house to Rocco's. Rocco's cell phone is on that direct route that same day. Williams theorizes that Maria had asked Rocco to take Muttley for the kids' sake, that Maria had asked Rocco to take Muttley for the kid's sake and that Muttley had run off accidentally when Rocco stopped along the way. It was now two months after Frank's murder

and Williams wanted to talk to his two main suspects. Maria refused, but to Williams' surprise, Rocco agreed. Which still blows my mind why he decided to talk to us. However, I think Rocco likes that cat and mouse part of an investigation. Rocco did give Williams an alibi. What did he say? He said, I never left Harrisburg. I couldn't believe it because I know from his cell phone that he had

traveled twice. Rocco told police a preposterous story, saying that while he had never liked Frank, he was actually at Frank's house the day before the murder without Maria helping tidy up. I said, well, what kind of cleaning were you doing? And he said, well, tidy up. I said, well, what kind of cleaning were you doing? And he said, well, it was, you know, folding laundry and cleaning up with the push broom. That's the same push broom that was used to clean Frank's blood off the porch. Even more far-fetched, Rocco said Frank had let him test drive his truck that day, and that when he offered to buy it, Frank suggested they wrestle for it. Basically, what he's saying is, I touched Frank Spencer, I touched the truck, and I

touched that push broom. It sounds like he's trying to create a scenario, if you find my DNA in any of these places, this is why. Absolutely. places this is why absolutely around the same time Rocco was talking to Williams Frank's friend Dirk saw Maria in the stands at a high school football game so I just sat down beside her and I said I just want to let you know don't worry about me around your kids I said I'm never gonna say anything to disrespect you or Frank around your kids. And she looked at me and goes, that's why you're still alive, Reed.

And I just looked at her and said, tell your dad I said hi. And she went off. Like many of Frank's friends, Dirk suspected Rocco had helped Maria murder Frank. And we were basically almost nose to nose. And I'm going, why? You took him away from not just your kids, from everybody. What did she say to that, though? I mean, did she say, I didn't kill him?

Oh, no, no. What she said was, the last thing he saw before he died was me. It was a wretched moment for Dirk, but a huge piece of evidence for the case. She's putting herself at a homicide scene. If she saw someone take their last breath, she's saying she was there. By that autumn, Williams was working with prosecutor Tony Foray, the senior deputy attorney general for the Commonwealth of Pennsylvania. I think it was horrible that what Frank went through. Foray was handling the prosecution because the county DA was now Tom Leipold,

Maria's former divorce attorney, and he had recused himself from the case. Foray was aghast when he learned Frank had been reporting death threats for years, both before and after the fires in 2010. In the state of Pennsylvania is making a death threat to someone. Is that a crime? Yes, that would be a terroristic threat. Even when Frank did ask police to investigate some of the threats he reported, Maria was never brought in for an interview or charged with making terroristic threats. You get away with terroristic threats. And then if you get away with a burglary and you get away with a fire

and you get away with a blatant attempt to murder a girlfriend in a fire. The only thing left is murder. Local police officer Scott Traugh. People in this town who believe that you and other members of the Hemlock Township Police Department were just not doing your job, You were not properly investigating these threats and complaints. You say what? That's not true. Every incident was thoroughly investigated. If they were serious in nature, the Columbia County District Attorney was consulted and he would determine at that time if somebody would get arrested or not arrested. The county district attorney during most of the time leading up to Frank's

murder was Gary Norton. He says he never knew about Maria's threatening voicemails and texts. As district attorney, I only know what the police tell me. And Norton says it was usually up to police to make arrests, not the DA. When I was DA, 95 to 99% of the arrests that were made were made without consultation with the DA. The police had that power and exercised that power. Julie Dent's fire was not in Trau or Norton's district. And Norton says he didn't ignore Frank's mother's fire

or the theft of Frank's business records. He says he was following the law. Is there an arson, and can we prove arson? No. Is there a burglary? No, because Frank Spencer had no proof that it was Maria who entered the premises. Before a prosecutor can ethically bring a charge,

there has to be evidence or proof beyond a reasonable doubt. But prosecutor Tony Foray felt he could prove the earlier crimes and Frank's murder. It took time to gather evidence, and in 2013, Foray convened a grand jury. This time, both suspects agreed to talk. And there was no interrupting Maria. So as soon as she took a breath, I would ask a question. Did you ever threaten to kill Frank Spencer? Her answer would be absolutely not.

Check. One count of perjury. Did you ever threaten Julie Dent? Absolutely not. Check. And so Foray charged Maria with 12 counts of of perjury more than a dozen other charges and most importantly frank spencer's murder in july 2014 williams went to arrest her and that's when i told her she was under arrest for the murder of frank spencer She immediately began to say, oh my God, oh my God, oh my God.

The warrant for Rocco's arrest was issued the same day, but Rocco was nowhere to be found. It had been two years since Frank Spencer's murder, and Maria Spencer was finally under arrest. It was like you lifted a weight. Like there's a thousand pounds on your back. But her father Rocco had skipped town the year before, fleeing right after he finished his grand jury testimony. fleeing right after he finished his grand jury testimony. Within like 36 hours, Rocco Franklin had boarded a plane to Colombia, South America. And are you hot on his trail? Not at that point.

That's because Rocco had an 11-month head start. But once Williams had an arrest warrant and a little help from the State Department, he found him. He was only four blocks away from the United States Embassy in Buenos Aires, Argentina. I couldn't believe that it was sort of that easy. Sort of was the operative term. Within weeks, Rocco was arrested by Argentinian police. But he fought extradition. And so in the fall of 2015, Maria Spencer went on trial for Frank's murder alone. Prosecutor Tony Foray. The totality of what went on is,

I think, both the strength of the case and also the horror of the case. Foray had Maria's DNA at the crime scene, the truck found close to her home, and her history of death threats. Maria's defense was to blame her own father. Clearly, the defense strategy was, this was all Rocco, Rocco, Rocco. He's the bad guy. It was all him. Cameras were not allowed inside the trial.

One by one, Frank's friends took the stand. How many of you were called upon to testify at trial? All of us. All of us. They told the jury about the fires, Maria's admission that she was at the crime scene, and the years of harassment. Julie Dent testified about an especially disturbing threat. So what would she say to Frank?

One specific that I remember plain as day is that she would cut off both of his hands and dip him into hot tar to cauterize him so that she would never he would never be able to hold his children again the trial lasted nine days as the jury began its deliberation frank's friends were worried you're just thinking yeah like oh my god things never seem to go our way, you know. I was scared. Eight hours later, the jury had reached a verdict.

I looked down. I never look at the jury because I don't want to react. I'm waiting, which seems like an eternity. And then it's guilty, guilty, guilty, guilty. Maria was found guilty on all counts for murdering Frank Spencer. And for the two arsons, the burglary, 12 counts of perjury, conspiracy and terroristic threats. Merry Christmas. She was sentenced to life without parole Plus 50 years

That was it That's it for all of us Thank God It took another year and a half But in 2017 Williams was finally able to bring Rocco Back to stand trial I never done anything

Did you kill Mr. Spencer? Of course not Maria had argued Rocco back to stand trial. I never done anything. Did you kill Mr. Spencer? Of course not. Don't talk ridiculous. Maria had argued Rocco killed Frank alone, but Rocco wasn't following that script. Come on. I got no beef with Frank Spencer. If I had a beef, I would have broke his face a long time ago. But Rocco, who spoke to us from the county jail, doesn't appear to be holding a grudge against Maria for trying to blame it all on him.

Maria never hurt nobody. What they did to that girl is outrageous. Rocco says he's innocent of murder and the rest of it. But they got no proof. What proof they had? Show me one piece of evidence. One eyewitness, one fingerprint, one anything. Prosecutor Foray says he has plenty of evidence. From the shoe print in Frank's blood. Footprints. Yes.

To Rocco's ridiculous story. How are you feeling, Rocco? I'm doing fine. How are you doing? Putting himself at Frank's before the murder. And of course, the arrival of Mutley at that wedding. Like, I'm that dumb that I'm going to steal a guy I'm supposed to whack, take his dog and leave it 10 miles from my house?

Come on, that doesn't even sound right. In the autumn of 2018, after a four-day trial, Rocco Franklin was convicted of Frank's murder. And for the burglary and the arson at Frank's mother's house. He was sentenced to life plus 45 years. DERK ROOS, I mean, this has been a long, drawn-out affair, and it never needed to be what we're going through now. Dirk's wife, Dina Reed.

After the first fire, she should have been in prison. Frank should still be here. Sergeant Tross says he did what he could. Frank's dead. I understand that. But I wouldn't do anything and our department wouldn't do anything differently than we did. Tony Foray has called what Frank experienced an epic failure of law enforcement. Did anyone stop and look at the totality of everything that was going on and do something significant in terms of arresting either Maria or her father Rocco? The answer is no.

Well, there's not a crime in the Pennsylvania Crimes Code that's called the totality of the circumstances make you look really guilty. Former DA Gary Norton. You have to analyze these things case by case and ask yourself, can an arrest be made and can I, in good faith, secure a conviction beyond a reasonable doubt? And the answer was yes, where we prosecuted her, and no, when we did not prosecute her. I reacted as best I could in the situation, and my conscience is clear.

I don't have any regrets as to what I did. Out in front of the courthouse, where Gary Norton now serves as a judge and Maria's former divorce lawyer, Tom Leipold, serves as the county DA, is a fundraising brick Frank Spencer purchased years ago. He dedicated it to his children. And there's not a day that goes by that I don't think about him. And I still can't figure out why. Why it happened. After Maria's arrest, Frankie and Cyrus Spencer were raised by Maria's sister. Frank's dog, Muttley, is alive and well.

He lives with Frank's mother. Was Rocco a wise guy? Listen to what he has to say at 48hours.com. If you like this podcast, you can listen ad-free right now by joining Wondery Plus in the Wondery app. Before you go, tell us about yourself by filling out a quick survey at wondery.com slash survey.