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The sexual abuse occurred May 23, 2007, about five weeks after the death of MacNeill’s wife.
Somers testified at trial that after she woke at the home to find Martin MacNeill rubbing her buttocks, and licking and kissing one of her hands, the man said: "Oh, oh, I’m sorry, I’m sorry. I thought you were your mother."
Before the July trial, Spencer filed a similar motion to dismiss, asking for the case to be tossed because of loss of evidence. But Judge Samuel McVey denied the motion, saying that while there was some negligence in deleting Somers’ interview, it was not "gross negligence" and it was not done in "bad faith."
A new sentencing date in the sex abuse case has been set for Sept. 15.
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