The 35-year-old woman was charged with fetal homicide in the first degree, abuse of a corpse and tampering with physical evidence
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Melinda Spencer.A Kentucky woman has been charged after allegedly having an abortion and burying the fetus’ remains in her backyard.
The Kentucky State Police (KSP) arrested 35-year-old Melinda Spencer and charged her with fetal homicide in the first degree, abuse of a corpse and tampering with physical evidence, according to the Louisville Courier Journal, WLKY and Fox 56 News.
Spencer was arrested on Wednesday, Dec. 31, after checking into a healthcare clinic where she allegedly told staff that she used medication to terminate an unwanted pregnancy, according to KSP, per the outlets.
She was then interviewed by investigators about the incident and allegedly admitted to purchasing abortion medication online and taking it on Dec. 26 to terminate the fetus, which she described as a “developed male infant,” per the outlets. She allegedly told investigators that she did so because the baby did not belong to her boyfriend, WLKY reported.
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She also allegedly told investigators that the abortion happened on Dec. 27, one day after she took the pill, and she placed the fetus wrapped in a rag in a lightbulb box and buried it in a shallow grave in her backyard, per the Courier Journal.
It’s unclear how far along Spencer had been in her pregnancy before she had the abortion, but an autopsy has been scheduled for the fetus to determine its age, per WKYT.
Spencer was taken to Three Forks Regional Jail in Beattyville, Ky., following her arrest, per Fox 56 News.
The Kentucky State Police did not immediately respond to PEOPLE’s request for comment on the incident.
Kentucky is one of the states that has implemented a near-total abortion ban since 2022, after the U.S. Supreme Court overturned Roe v. Wade that year, according to local outlets.
A doctor is only allowed to perform an abortion to prevent death or serious injury to the mother, according to Kentucky law. However, there is nothing in Kentucky law that prevents mothers from seeking an abortion in other states.
Distribution of abortion pills is also banned under Kentucky’s Abortion-Inducing Drug Certification Program. Distributors, pharmacies, and others are required to be certified to transport, sell or dispense the drugs, per Fox 56 News.
A person can be found guilty of fetal homicide if it can be proved that they intended “to cause the death of an unborn child or with the intent necessary to commit an offense,” and it is a capital offense, according to Kentucky law.