Diane Spencer

Case overview

Diane Louise Spencer was sentenced to life in prison in Michigan on March 13, 1992, after being convicted of first-degree murder. Spencer faced trial in Pennsylvania on charges that she killed two daughters in incidents originally listed as crib deaths. If convicted in the Pennsylvania cases, she could face the death penalty.

Background

Spencer was 25 years old and was of Wayland, Michigan. She lived in Clearfield County in the mid-1980s after running away from home before her 15th birthday.

The offence

Death of Joyce A. Donochick

Joyce A. Donochick died at age six weeks on August 6, 1983.

No autopsy was performed after Joyce's death, which was attributed to Sudden Infant Death Syndrome (SIDS).

At Spencer's preliminary hearing, defense attorney Chip Bell said prosecutors could not prove their case without Spencer's statements.

Death of Autumn Dawn Spencer

Autumn Dawn Spencer died at age 15 days on September 21, 1987.

A medical examiner found no specific cause of death in an autopsy on Autumn and listed the probable cause of death as Sudden Infant Death Syndrome.

A pathologist who examined Autumn's body said he could find no reason for the child's death and listed the probable cause as SIDS rather than suffocation. He said: "I can't swear on it, but it's a possibility. There's not much you can find in suffocation, really," said Dr. A. Nabil Saleh, formerly of Philipsburg State General Hospital.

Investigation

In 1990, Michigan police investigated the death of another Spencer child, Aaron Avery Spencer, age 6 months. During that investigation, Spencer confessed to all three deaths.

Michigan State trooper John Palmatier testified that during a 5 hour conversation with Spencer, she said she had killed Joyce with a towel or blanket, killed Autumn with a blanket, and killed Aaron with a pillow.

Palmatier also testified that Spencer showed how she cradled Joyce and Aaron in her arms while killing them.

Palmatier said Spencer told him that she killed Autumn while the baby fussed in her crib.

Regarding Joyce, Palmatier testified that Spencer said: “She didn't think the baby cared about her, There was no interaction. She loved the child, but the baby couldn't return it,” Palmatier said.

Palmatier testified that Spencer said Joyce was sickly.

Dr. George Mosch testified that Joyce was healthy, other than a neck spasm. Mosch wrote one week before Joyce's death that the baby was: "strong, attentive and cooperative."

After an autopsy on Joyce, the Pennsylvania death certificates were changed to show the cause of death as asphyxiation.

Arrest

No arrest was described in the material provided.

Trial

Pennsylvania proceedings

The Pennsylvania cases involved charges that Spencer killed two daughters. Spencer would stand trial in Pennsylvania on those charges, which were originally listed as crib deaths.

District Justice William Daisher ordered Spencer to stand trial. He set arraignment for November 18, and Clearfield County's next term of courts began in January.

Defense attorney Chip Bell attempted to suppress Spencer's confessions and the subsequent changes at Spencer's preliminary hearing. Bell said prosecutors could not prove their case without Spencer's statements.

In the Pennsylvania murders case, prosecutors had to produce a body and establish that a criminal act occurred before a confession could be entered as evidence.

Bell said he probably would appeal Daisher's decision.

Sentencing

Spencer was convicted of first-degree murder and sentenced on March 13, 1992, to life in prison.

Appeals

Outcome

Spencer stood convicted in Michigan and was sentenced to life in prison. In Pennsylvania, she was ordered to stand trial on charges involving the deaths of her daughters Joyce A. Donochick and Autumn Dawn Spencer, with possible exposure to the death penalty if convicted.

Aftermath and related details

Death of Aaron Avery Spencer

Aaron Spencer died September 25, 1990, in Wayland, Michigan. Spencer was convicted of first-degree murder for that case in Michigan, and her confession covered all three deaths.

Additional child references at the hearing

Two women testified that Spencer gave birth to a fourth child, but that child's fate was not revealed at the hearing.

Joyce Donochick's grandmother, Joan Donochick, said the four child was offered for adoption in 1984.

Spencer's mother-in-law, Linda Spencer, said Diane mentioned another child who died in a traffic accident.

When Joyce died, Spencer referred to Joyce's father, Jimmy Donochick, as her husband, and a paramedic testified to that.

Death row reference

In Pennsylvania, Spencer could become the second woman on death row.