INTRODUCTION.

We, the members of the Thirty-Sixth Statewide Investigating Grand Jury, have received
and reviewed evidence pertaining to the victimization and murder of Frank T. Spencer at his
residence in Hemlock Township, Columbia County, in July 2012. .This investigation was
conducted pursuant to Notice of Submission oflnvestigation Number 10,
The investigation began as an.inquiry into the death of Frank Spencer ("Spencer") and
resulted in the conclusion that his estranged wife, Maria Sanutti-Spencer ("Sanutti"), and her
father, Anthony Roc'io Franklin ("Franklin';), engagedln an escalating selies of crimes against
Spencer and others that culminated in Spencer's death. These crimes include Terroristic Threats,
Burglary, Receiving Stolen Property, Arson and Related Offenses, Criminal Solicitation,
Criminal Conspiracy, Criminal Attempt/Criminal Homicide, and Criminal Homicide/Murder of
the First Degree .. After hearing testimony from forty-nine different witnesses and examining
extensive physical evidence, the Grand Jury has discovered that, between 2009 and 2012, Sanutti
and Franklin engaged in conduct that elicited fear and intimidation in others and eventually led
to the execution-style murder of Spencer. This course of conduct also involved the victimization
of Spenc.er's friends and his mother, Madel\11e _Spencer ("Mrs. Spencer") and. continued even
after Spencer's murder in'. July 2012.
FINDINGS OF FACT
I. DISCOVERY OF SPENCER'S BODY
JULY3, 2012
On the rooming of July 3, 2012, Mrs. Spencer had not spoken to her son in several days.
This was highly llllusual and she requested that her son's friend L.Y. look for him. L.Y., a
lifelong friend of Spencer, was well aware of Sanutti's volatile nature and the fact that she had
threatened Spencer's'life on numerous occasions, In fact, Spencer had warned L.Y. and another
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friend that they would one day find his body. L.Y.'s worst fears were realized when he opened
the door to Spencer's home at 20 Fairview Drive ("The Fairview Drive home"), Hemlock
Township, Columbia County, and found Spencer dead just inside fue'front door of the home.
L.Y. called 911.
Sergeant Scott Traugh of the Hemlock Township Police Department (HTPD) responded.
Sgt. Traugh was very familiar with Spencer because he had personally handled numerous reports
that Spencer had made to the HTPD. Almost immediately Sgt. Traugh requested that .the
Pennsylvania State Police (PSP) take over the investigatiOn into Spencer's deafu. Corporal
Shawn Williams was assigned as a Criminal Investigator.. Columbia County District Attorney
Thomas Leipold, citing a conflict of interest, requested that the Pe1msylvania Office of Attorney
General ("OAG") assume responsibility for the .prosecution of this matter.
II. SPENCER SANUTII AND THEIR FAMILlES
YEARS 1997 -2005
Spencer, a lifelong resident of Columbia County, had grown up at a home located at 1394
Millville Road ("The Millville Road home"), Hemlock Township, .Columbia County. The home
was located next to a junkyard/auto parts bubiness. Prior to his father's death in the 1990s,
Spencer's parents had given hlm 1he Millville Road home and his mother lived at that location
until a devastating fire in January 2010. Spencer lived primarily at the Fairview Drive home.
Spencer ran the junkyard/auto pat'ls business and auto sales business. Spencer becatne
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involved in a relationship with Sanutti aod married her in February 1997. He was 46 years old at
the time of his death.
Spencer's primary residence was located about a minute and a half drive from his
business. The residence was approximately a four-minute drive from the Buckhorn Exit from
Interstate 80. Hemlock Township is a small rural township with a small police department.
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Sanutti is the daughter of Franklin and Betty Collins. She has three siblings: T.S., G.S.,
and Anthony Rocco Sanntti, Jr. Sanutti. received a law degree from a then-unaccredited law
school in Georgia and was admitted to Georgia bar for a sh01t time. She is not admitted to
practice law in Pennsylvania.
Franklin, who is seventy-two years old, is a career criminal. He has spent much of his
adult life in the Pennsylvania state prison system. Franklin has claimed to be a hit man for the
mob. Franklin taught his children not to trust or cooperate with law enforcement.
Franklin hated Spencer and was not shy about letting others know how he felt. He told
his corrections counselor in the late 1990s that "you know I can't stand that jtinkyard dog." He
called Spencer a "piece of shit'' and "fucking asshole:" Franldin believed his daughter was too
good for Spencer.
Sanutti would regularly use her futhet"to threaten Spencer. As far back as the late 1990s,
she told her employer that, if Spencer ever laid a.hand on her, her dad would send someone after
him or to. take care of him.
The marriage produced two children, C.S. and F.S. However, the marriage was
tomnltuous and troubled.
At some point after 2001, Sanotti began to work at the Pennsylvania Human Relations
Commission. Also working there _was L.M., who testified that Sanutti would openly talk about
how she was going to kill Spencer. That this was a regular occurrence. It was several times a
week. L.M. believed that Sanutti meant what she said and was not joking. L.M. described her as
being detailed and matter of fact. She talked about injecting him with insuliJ,1. Once, at the lunch
table, Sanutti said, "I'll just inject it in a freckle while he is asleep." . Another came to
call her the "Black Widow."
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In either 2005 or 2006, Spencer approached Sgt. Traugh and told him about a discovery
he made on his home computer. Spencer indicated that he and Sanutti were having marital
problems and he had discovered 011 the. computer that searches were being conducted 011 how to
harm someone. Spencer told Sgt. Traugh that he believed this was directed at him. Sgt. Traugh
did not prepare a report or conduct any investigation after receiving this info1mation.
Ill. POLICE REPORTS, THREATS, TIIE DIVORCE BEGINS. AND BURGLARY
YEARS 2006 - 2009
By the summer of 2006, Spencer's marriage was crumbling and both Sanutti and Spencer .
began contacting the IITPD to make various repor\B against each other. Between July 2006
December. 2009, there were twenty-one reports made to the HTPD. However,.only two of them
were considered to be "serious incidents."
Between October 31, 2006, and November 8, 2006, Sanutti was cired for various offences
by the HTPD. On October 31, 2006, she was cited for Criminal Mischief for causing significant
damage at the Millville Road home. On the same day, she left several harassing messages for
Mrs. Spencer. On November 2 and 7, 2006, she was cited for Defiant Trespass for again being
near the Millville Rnad home. And, on November 8, 2006, she was cited for two counts of
Indirect Criminal Contempt for violation of a Protection from Abuse (PFA) Order.
The Criminal Mischief case would be resolved in July 2008 by what is called a Rule 586
disposition. (Pennsylvania Rule of Criminal Procedure 586-Court Dismissal upon Satisfaction
or Agreement). Sanutti paid $5,000 and fue case was dismissed: The Defiant Trespass charges
were dismissed by a District Justice. Sanutti pled guilty to both counts of Indirect Criminal
Contempt and paid small fines. On November 15, 2006, filed for divorce.
On May 23, 2007, Spencer reported that Sanutti threatened to have her fafuer kill him.
Spencer also reported that threats on his life had also occurred on O.ctober 31, 2006 (the date of
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the Criminal Mischief incident), and that Sanutti had told a friend of his on March 25, 2007, that
she was going to kill Spencer. No investigation was conducted by the HTPD after consultation
with then-District.Attorney Gary Norton, nor did the HTPD ever make an arrest for these threats.
L.M., who had worked 'with Sanntti at the Pennsylvania H=an Relations Connnission,
had no relationship with Sanutti outside of work. By 2007, L.M. had left that job and now
wor:ked at the Pennsylvania Board of Probation and Parole. One day, Sanntti stopped by her
home unannounced and asked if she could talk to L.M. Sanutti asked ifL.M. could do anything
to get her dad out of jail. Sanutti said she wanted to get her father out of jail (o control Spencer.
"That Frauk is afraid of my dad. If he is in the house, Frankwill behave." L.M. informed
Sanntti that she.could not do anything to help her.
On March 7, 2008, there was an incident at the W.W. Evans Eleme:i:tary School in
Montour Township, Columbia County. The incident occurred after both Mrs. Spencer and
Sanutti had come to the school to .pick up F.S., the daughter of Spencer and Sanutti. Sanntti
blocked Mrs. Spencer's car, grabbed the child, and pushed Mrs. Spencer. Sanutti threw F.S. in
the car withont securing her and sped off. As a result, Sanutti was airested for the offense of
Endangering the Welfare of Children (graded as a misdemeanor of the first degree) and two
summary offenses. This matter was reporte\]. in the newspaper on April 1, 2008.
At that time, Franklin was still an inmate at the State C01wctional Instittition at Coal
Township: From ,March 28, 2008, to April 8, 2008, two corrections officers guarded Franklin
while he was in the Geisinger Medical Center for trea11nent. Both testified regarding their
conversations with Franklin. R.B., who knew Spencer to say hello, found out that Franklin was
Spencer's father-in-law. He quickly learned that Franklin did not like Spencer or the way he
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treated Sanutti. Franklin made the statement, ''I'll have him taken care of, I know peopfo." R.B.
perceived this as a threat Franklin also said Spencer and his mother were "pieces of shit."
M.B. .that Franklin became. irate .when he read in the newspaper about his
daughter and Spencer's mother mguing at school over custody. He that if Spencer didn't
stop harassing his daughter or doing what he was doing, when he got out of prison, he had
something for Spencer. "He'll get what he deserves."
On April 22, 2008, Sanutti again went to the Millville Road home and statted to yell and
scream "fuck you" and later crune back and staited to blow her horn. She was again ai-rested for
an Indirect Criminal Contempt for violating a PFA. Sanutti was found guilty and was placed on
probation for six months and given a small fine.
On November 4, 2008, the Endangering Welfare of Children case was resolved. The
case was handled by Leipold, who at the time was the First Assistant District Attorney. The
prosecution was resolved with a dismissal of the most serious charge, the misdemeanor-one
chruge of Endangering Welfare of Children, and a guilty plea to the summary chatges of
Disorderly Conduct and Harassment. Sanutti again received a fine on each of 1he summary
offenses.
Seventy-one days after the resolution of that case, that is, on January 14, 2009, Leipold,
who had just prosecuted Sanutti but also maintained a private law practice, entered an
appearance as her divorce lawyer. Leipold would continue as her attorney for approximately
three years, until he took office as District Attomey of Columbia County in January 2012.
Prior to July 2009, a Home Plan Form was submitted by Franklin in which he indicated
that his intended residence when paroled was the Fairview brive residence. When a P.arole agent.
conducting an investigation visited the home and spoke to .Spencer, Spencer objected and the
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plan was denied. On July 16, 2009, Franklin was paroled and he initially lived in the Harrisburg
area. Withln two months of his" parole, Sanutti and Franklin would report that her Nissan Xterra
vehicle had been stolen froIJ? his residence in Harrisburg. His Corvette, 11owever, was not taken.
Thereafter, another Home Plan Form was submitted, a!'\ain indicating that it was Franklin's
intention to live at 20 Fairview Drive. This time, when a parole agent visited the home, the agent
spoke to Sarmtti, who represented that she and Spencer were now divorced. (They would not
actually be divorced until June 2012.) The plan wa;i thus approved.
In June 2009, Spencer began to date Julie Dent. On October 15, 2009, Dent's bitthday,
Spencer brought his children to her home for the first time. That home was located at 25 Old
Valley Road ("the Dent home"), Danville, Montour County. Approxinlately two weeks after the
birthday dinner, entry was made into Spencer's Millville Road home through a rear window and
his business records were s t ~ l n from his office on the first floor. Spencer discovered this on
November 1, 2009, md immediately suspected Sanutti and her father of the break-in. He
believed that S\lllutti was going to try to utilize the records in the divorce. He reported this to the
HTPD. Attomey Joel Wiest, Spencer's then-divorce attorney, immediately filed a Petition for
Special Relief for the return of 1he stolen business records.
There are three HTPD Reports from November 9, 22, and 23, 2009, relating to the fact
that Franklin was living at the fairview Drive home and Spencer wanted him out. Spencer
became so frustrated that the HTPD would not do anything to remove Franklin that, on
November 23, 2009, he began to take the doors off his own home. to force Franklin 011t. During
this incident, Spencer called the police when Sanuiti began to strike him. The HrPD responded
and cited both Spencer and Sanutti for Harassment. Those charges were eventually dismissed.
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A friend of Spencer's, G.P., was present when Spencer attempted to remove the doors to
get Franklin out. G.P. testified that Franldin, who was also present, stated "that he would see
him (Spencer) dead." George Mann, Franklin's parole agent, soon received a call from Franldin.
Franklin told Mann he was not .getting along with Spencer and that he needed to go back to
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Harrisburg or he would end up going to jail over :spencer. Franklin told Mrum that he and
Spencer had a mutual dislike for each other. Franklin soon relocated to the Harrisburg area.
On December 10, 2009, Leipold tumed the stolen business records over to Wiest. The
HTPD report for the burglaty reflects that Wiest tumed over to the police the business records he
had obtained from Leipold. On December 18, 2009, Sit. Traugh interviewed Sanutti by
telephone. She indicated that the files were found in a garbage bag when she opened the screen
door at her mother's residence in Selinsgrove, Snyder County. Sanutti also indicated that she
suspected her family's invblvement in the break-in. because they hated Spencer. Sgt. Traugh
then met with DA Norton, but no criminal charges were ever filed in this matter.
Spencer had, at the time of the discove1y of the burglary, pointed out certain suspicious
tire marks. Sgt. Tnmgh's report reflects that the. tire impressions did not meet the criteria to
positively identify a specific tire. Mrs. Spencer testified that her son had seen tire marks that he
believed were from a Corvette. He knew that Franklin and ~ S owned a Corvette.
On December 21, 2009, there was another incident at the W.W. Evans Elementari
School in Montour Township. This time, Sanutti pulled her vehicle beside Spencer in a reckless
manner and yelled obscenities and made vulgar gestures towards him. She was cited for the
sumrmuy offenses of Disorderly Conduct and Harassment. She pled guilty to those charges and
was again :fined. That would be the last time that Sanulti would be charged by any law
enforcement agency in Columbia CoUhty.
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However, Sanutti's course of conduct was only beginning. On Christmas Eve, while
Spencer was driving to New Jersey with Dent, Sanutti argued with him on the phone. When they
returned on Christmas morning to Dent's bpme, there was a card from her motlier stuck in the
. door. The card had been opened an4 inside that card was a note from Sanutti, sig.ued "Maria." It
said sometbing like, "Frank said he had to go with you. We made love last evening just so you
know." This was her first contact from Sanutti bnt would not be her last.
IV. FlRES AND SERIOUS THREATS .
JANUARY 2010 - DECEMBER 2010
~ 2010 began, the aggressive behavior of Sanutti continued. She began to text Dent and
had been regularly _threatening to burn down Spencer's home. Four witnesses testified that
Spencer had told them Sanutti was threatening to buin his house down. 11us was L.Y., R.F.,
who was Spenc\)r's first cousin, Wiest, and Spencer's friend P.S.
In addition to those four individuals, Mrs. Spencer testified that she- was well aware of
Sanutti' s threats regarding burning the house down. She testified, "l knew because l heard her
say it. If she said it once, she said it 50 times, she is going to burn the house down" The threats
were made to her son, but she personally heard Sanutti say it.
Though there were twenty-four reports made concerning Spencer or Sanutti to the HTPD
between January 2010 and June 2012, there is uo documented rep01t of threats to burn the
Millville Road home. Of the. twenty-four reports, thirteen were considered "serious incidents."
However, as events were becoming more serious, the response by law enforcement decreased.
Cpl. Williams testified that, when Sanutti began to text Dent, Dent never responded to
any of the texts or the telephone messages that Sanutti would leave. 1n text messages sent
January 22, 2010, Sanutti referenced several times that Spencer and Dent were going on vacation
together. She indicated that Spencer was only going 011 vacation because he promised you and
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did not want to disappoint you. She then tried to get Dent to come over to see her and said,
"Bring a friend if you're afraid of me."
Spencer and Dent were planning to drive to Philadelphia on Sunday, January 24, 2010,
and leave the next day for a vacation in the Dominican Republic. Spencer told Dent that.Sanutti
was "going to do something" and that"she [was] up to something."
On Saturday, January 23, 2010, Spencer went with Siumtti to Williamsport, Lycoming
County. They spent the night at the Genetti Hotel. Cpl. Williams testified their regfatration was
a walk-in and it was paid for by Sanutti. Wiest testified that Spencer later told Jilin that Sanutti
had lured him. out that ltlght by saying that they could work the divorce and custody iss)\es,
and that she was willing to 'give him primary physical custody of the children. Spencer told
Wiest he was reluctant to go, but went and ended up spending the night with her at the hotel.
In the early morning hours of Jaimaiy 24, 2010, the Millville Road home was on :fire.
Initially, there was significant concern that Spencer, his mother, and his children were inside the
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home, which was totally engulfed. The PSP were contacted regarding this fire so that they c011ld
have a Fire Marshal respond to try to the origin and cause of the fire. Trooper David .
Klitsch responded. It was determined that Mrs. Spencer and the children were not in the home
and were safe. However, Spencer could not be reached on his cell phone and his truck was
present at the fire scene. .
At some point around 9:00 am., Sanutti dropped Spencer off at the Fairview Drive home.
She drove a route that would not travel past his business and home and so he wonld not be
ale1ted to 1he fire that had occui;red. After. dropping Spencer off, Sanutti drove off Millville
Road and up the d1i.veway to the area of the fire. Several 'individuals testified as to how she
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appeared. She was described by Wiest, Mrs. Spencer, and P .S., who were all present, as smiling
at the :fire scene.
While Sanutti was at the fire scene, Tpr. Klitsch approached her vehicle and tried to
engage her in conversatio11 P.S. testified that she asked him "who the fuck he thought he was."
She told him she was an attorney and knew her rights. When he again tried to talk to her, she
told him to "fuck off" again. She then rolled up her window and "tore out of there."
Spencer was soon found at the Fairview Drive home and was devastated when he arrived
at the fire scene. According to Wiest, Spencer "got up in the face" of the Fire Marshal. Spencer
told Tpr. Klitsch of his belief tliat Sanutti and/or Franklin WM/were responsible for the fire.
Spencer also told him that Sanutti had wanted him to go with her and that she had purchased
clothes for him and the children. Sgt. Traugh was also present at the fire scene, had participated
in the discussion between Tpr. Klitsch and Spencer, and testified that Tpi:. Klitsch did not like
how he had been treated by Spencer.
Tpr. Klitsch prepared a four-page report and closed his case the next di+y. Bis repo1t
listed the point of origin as unknown and the ignition factor as unknown. He ruled the cause of
the fire.as undetermined.
Dennis Woodring, a former police officer for the Harrisburg Bureau of Police for iweniy-
five years and a Detective for the Dauphin County District Attorney's Office for the last eleven
years, is an expert on the origin and cause of fires. The OAG and PSP asked him 1:0 look into the
fire and he determined that the fue began in the rear of the home in fue office area, the same area
that had been burglarized a few months earlier. The :fire was started with the use of an open
flame. His opinion was that the fire was incendiary, a fire that was intentionally set. He
eliminated accidental and natural causes and does not believe the fire to be nndetem1ined.
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Dent described Spencer's reaction to fue fire as very angry. Spencer also told her that
Sanutti in advance had purchased new clothes fur Spencer and fue children. She testified that
Spencer believed that Sanutti was involved in the fire and that her father actually set it.
P.S. testified about ce1tain tire prints that Spencer observed at the fire scene aud pointed
9ut to him. They were from a low profile, wider tire and "you could see as clear as day."
Spencer believed this was the same tire print as a Corvette.
Sgt. Traugh handled the .fire investigation for the HTPD. His report detailed what
transpired in the days, weeks, and months following the :fire. What was not 'conmined jn Sgt.
Traugh' s report was gleaned from various text and phone messages that were sent subsequent to
January 24, 2010, as well as witness testimony before the Grand Jury.
On January 25, 2010, Spencer reported to the HTPD that Sanutti asked him "you're not
going to have me 'arrested are you"; "you're not going to put me in jail are you?"
On Januru:y 28, 2010, Spencer told the HTPD that he had received a wessage from
Sarmtti that stated, "My dad says to send his condolences tour mom. He had to move away from
kids and it is very sad. He wishes her well." Also on that same day, Spencer reported that he
had received information fr.om his friend C.H. that a prison guard had called C.H. and told him
that Anthony Sanutti (Franklin) was going to kill Spencer.
On February 3, 2010, Sanutti sent the following texts to Spencer:
"Fu. I did it for three years. U cru1 do it. Rebuild. Buy a
trailer or move. In with someone I don't care .. "
"Karma is a wonderful thing. U took all my stuff and my
memories clothes letters jewelry and my kids to 1394. U
destroyed my li:fu. I feel a lot better about since ur whole life
went up in the fue .. makes it fair. Hope ur mom is a wreck.
Couldn't happen to a nastier woman. She lost everything.
Yeah." .
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"I didn't bum ur house asshole. Don't u get karma .. Ur mom
deserved it. And I don't care about the money. Money u
won't give ur mom and money wont replace her shJff. I like
her not being there. I pray to karma that she never comes
back. Keep her in Berwick. U said u were going to beat
me ... take my home my kids. Looks like ur not winning .. "
"Small town. Guess I will be running into lots ofur friends.
I would suggest u tell Julie to stay out ofBassetts. I can
make her uncomfortable. HaHa."
"U and julie dent went there. She is planning to go there frL
Ifl were you I wouldn't let her. I hate to see her get
insecure .. fu. >'
In the early morning hours of February 4, 2010, an anonymous call was made to the PSP
Station in Bloomsburg. The caller would not identify himself but was later identified as
Franklin; Fraqklin has also confirmed he made the call. During the call, Franklin made inquiry
about the Spencer fire investigation and claimed that he had been soliyited by (he homeowner to
bum the house down, but that he tui:ned the offer d o ~
G.H. testified to what occuned Oil' February 5, 2010. G.H. knew Spencer for 20 years,
has known Franklin for 30 years, and has known Sanutti since she was young. He was friends
with Spencer, Franklin, and Sanutti According to G .H., Frmiklin would brag about being a hit
man for the mob in Philadelphia and 1hat he killed people for money. He has heard Franklin say
this a few different times.
G.H. was aware of the January 2010 fire at the house at the junkyard. Within weeks of
the fire, Sanutti called him and asked him to meet her at the Paddock Bar in Blooms\lurg. She
said that she wanted to go over something with him. G.H. testified that when he anived, Sanutti
brought a couple of drinks over, leaned over to him, and whispered in his ear, "I burned his
fucking house to the ground." 1bis was the start of the conversation. Sanutli went on to say,
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"My father talked to me and said you're one of the only people he knows in Bloomsburg and he
knows you will take a message to Frank Spencer for him."
G.H. was aware that there had been an argument between Franklin and Spencer and that
Spencer had embarrassed Franklin in front of other people. Sanntti then said that "he (Franklin)
. wanted me to take a message to Frank that he wanted an apology and if11e didn't get one, he was
a dead man." G:H. he told Sanutti that he would be happy to relay the message to Spencer
because he was a good friend.
G.H. went and spoke to Spencer the next day. He told Spencer, "[Y]ou know h6w he
(Franldin) is .... I'm supposed to tell you that you should apologize to him." G.H. also told him
that "if it was me, ... this is nobody to screw with and you should think .iliout it and go apologize
to him." G.H told Spencer, "If you don't apologize, he is going to kill. you." Spencer responded,
. "[F]uck him .. : . I'm not really afraid of him, ... but I'll take itinto consideration."
On the aftemoon 6, 2010, Spencer texted Sanutti and wrote:
"u sent [G.HJ overto'warn'me and he also said out load that
u and ur dad burnt the house down.Junkman"
Sanutti responded:
"I would never hurt u frank. I would never have anyone hurt
u. U cari believe that."
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That was followed by a voicemail from Sanutti in which she confirmed that her father
wanted an apology. She also said her father "has funoy ways."
On February 7, 2010, Sanutti sent several other texts to Spencer:
. "Arn really trying to be good about this. I am sony I got so
mad about ur vacation?'
"U keep giving my kid to Julie and she will regret this ... "
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"I will make herlooseherjob her home and u ... "
. In a phone message from February 8, 2010, Sanutti said, "You don't win Spencer." She
also talked about Spencer not apologizing to her father.
The HTPD obtained text ii:J.essages and voicemails from both Spencer and Dent.
Mann testified about a conversation he had with Franklin after the fire. Franldiu
mentioned that he thought that Spencer had set the fire himself and that Spencer had previously
solicited him to assist him in setting the fae. Franklin said he did not go through with it because
he thought Spencer "would dime me out and.get me Jocked up.'" Franldin also told Mann that,
after the fire, he had visited the property. He said his daughter had told him it burned to the
ground and he wanted to see for himself, so he went to Bloomsburg and saw what was left of the
property. He expressed surprise that the police had not yet contacted him because they would
believe he had done it.
Jn April of 2010, events took an even more ominous tum. On April 15, 2010, Sanutti
texted Spencer and wrote:
"I don't know what else to say or do ... u tried to bullshit me
about ur vaqation with her and u see how that worked out..."
On what is believed to have been Saturday, April 17, 2010,. an even more disturbing
event occurred after a Little League game. Spencer. had gone to the game with Dent.
Immediately after the game, Mrs. Spencer heard Sanutti make the following threat to her son and
tben went back to her car and wrote this note to memorialize the threat.
"April 18, 2010 [C.S.}'s first baseball ganie approx 2:0(} to
3 :00 Sat aftemoon Maria said, I'll call my dad, I have her
killed or burn her house down, meaning Julie Dent. She then
tumed to me and said how's your house. I said fine."
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Mrs. Spencer testified that, after the fire at her home, we knew that "she (Sanutti) is
capable of anytlrlng." Dent, who was made aware of the threat by Sanutti to bnrn down her
residence; testified that, even after hearing the things that people would share with her, she did
. not comprehe11d the true danger she was in.
An even more shocking event occune<l at a youth soccer game in Millville in April or
May 2010. Again, Spencer brought Dent to one of his children's sporting events and Sanutti
angrily confronted Spencer and Deni while they were in Spencer's trnck watching the game.
This incident was witnessed by both JK and D.F., who were also attending the game. J.R. was a
iongtime friend of Spencer and D.F. knew Spencer but had not talked to him in years. J.R. was
aware of Spencer's fire in January 2010. In the spring of 2010, she saw Spencer and Dent atthe
youfu soccer game. She said Spencer was parked along the field and she was talldng to them
when Sanutti struted approaching the vehicle. J.R. described her as angry. J.R. said, "Don't
make eye contact" (a joke she had with Spencer because of Sanutti's jealo.us nature) and said,
"I'm out of here." Bnt Dent said "please .don't leave, she is going to say something, we need a
witness." J.R. said she backed up but didn't leave. Sanutti was yelling at Spencer and Dent, but
mostly at Dent. J.R. heard Sanntti say, "I burned his house down and your house is next."
Ii.F. testified that he knew Spencer to hello but they were riot friends. D.F. had not
seen Spencer for a long time when he saw Spencer while at .his daughter's soccer game in the
Sprh1g of2010. D.F. was watching from his truck and Spencer was watching from his.
had pulled up to right of his truck and Spencer's girlfriend was with him. J.R. came up and
she was standing between the two trucks. They were all talking to each other. Then Spencer
said, "here she comes." D.F. said Spencer's wife or ex-wife, who was coaching the game came,
right across the field during the game. She was unhappy and approached Spencer's vehicle. She
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was screaming and yelling .before she ever got to the truck and was sayin.g derogatory things to
Spencer. Then .she realized that Spencer was not alone and "she got super pissed off." She said
"get the bitch out of here, I'll kill you." D.F. believed the threat to kill was directed at both of
them. She then said that she bumt down Spencer's house and she will bum her (Dent's) house
down. D.F. said this went.on for an extended period of time and was kind of scary. According
to D.F., after a while she wound down and as she walked away she made a derogatory comment
about shaving Spencer's genitals the night before. Spencer then drove away.
J.R. also testified that she heard Sanutti say something else, but it is not clear whether this
occurred at the soccer game or at another time. J.R. recalls Sanutti saying, "I'll hurt anyone who
helps Frank. I'll bring anyone down that helps yoti"
Dent testified about the soccer game incident and recalls asking the blonde woman with a
ponytail (J.R.) to stay nearby. She recalls Sanutti screaming and saying, "You have no idea who
I am."
On May 19, 2010, Spencer reported to the HTPDthat Sanutti did not want Dent to ~ to
any of the children's games and if she refused to comply that Dent's house would be bumed
down by the end of the summer, just like she burned his house down. On June 1, 2010, Spencer
ryported to the illPD that Srumtti screamed at hiin that he would never build another house here
and that she would bum down that house like she burned the last one down. Sgt. Traugh met
with DA Norton about this fire, hut no charges were ever filed for the January 24, 2010, fu'e.
Dent testified that, after Spencer's fire, whenever it was his week to have custody of the
children, Speneer and the children would stay at her house in Danville. In February 2010,
Sanutti was on the phone one day screaming at her daughter. When Dent and F.S. walked
outside, Sanutti, who had apparently been somewhere nearby drove into the driveway at a high
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rate of speed. She began to scream at her daughter and Denttold the child to go with her mother.
Sanutti, having left the note in the Christmas card that was found on December 25, 2009, was
well aware of where lived.
Dent also testified about an event late in the evening of August 25, 2010. She and
Spencer were again soon scheduled to take another vacation, this time with Spencer's childreu.
'Dent was in bed sleeping when she was awakened by the sound of something hitting her house.
She woke up confused, heard a couple of more hits, and then heard the sound of breaking glass.
She got out of bed and stood for a moment to get her bearings. She then grabbed her phone and
g.ot to the top of 'the staircase, which was the only intemal exit from the second floor of the
home. A ball of fire came up the stairway in her.direction. She ran to the bedroom. She did not
have time to grab clothes, so she grabbed a comforter, kicked out the screen, and went onto the
porch roof and dropped from there to the ground. She then called 911.
The fire damage was substantial. The house had to be gutted to the studs as a result of
this fire. She immediately believed Sanutti did this OT was responsible for it.
Dent testified that it was plainly explained to the fire investigator that she and Spencer
believed their fires were connected. Approximately two weeks after her fire, Sanutti walked by
Dent at a fooiball practice and said, how does life feel?" After 1hat she occasionally got
bullying-type messages from Sanutti. Dent said 1hat after her fire that she moved into an
apartment and Spencer did not come to the apartment for three months. She said she needed to
feel safe again. The. children were never made aware of 'Where she was living.
The investigation of Dent's fire.was handled by Trooper Norman Fedder. Because theTe
was no local police department in Dent's jurisdiction, this matter was handled by the PSP.
Subsequent to the fire, a gallon jng with gasoline in the bottom, a road flare, and. a Nissan
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sciqsors jack were located near the home. (As noted previously, in September 2009, Sanutti and
Franklin had reported her Nissim Xterra as having been stolen from bis residence in Harrisburg.)
Tpr. Fedder obtained written statements from Spencer and G.P. Spencer's statement
detailed the burglary, how he had been lured out of the o ~ s e how his house was burned down,
and how Sanutti had tlueatened to bum down Dent's house.
G.P. wrote the following:
"About a month or a month and a half ago Maria Spencer
came to Franks Shqp. She thought he was \milding a new
house and she stated that _she-would have the new house:'
burned like she did the old house and she stated that she
would have his girlfriend Julie's house burned to."
G.P. confirmed this during his testimony. He also testified that he had been present on
numerous .occasions when Sanutti had threatened Spencer ..
Derk Reed, who was also a friend of Spencer, testified as to what occurred the night of
Dent's fire. Reed testified that his .wife was called by Dent and they immediately drove towards
Dent's home. A Corvette passed them coining from the direction of the fire going 100 miles-an
hour. Reed and his wife were concerned that their house was next and tried to follow the
vehicle. (Spencer had previously told them Sanutti had threatened to also burn down their home.)
They were not able to catcili up to the. Corvette, but it did not drive towards their home.
Although Tpr. Fedder had the above summarized informatioii, no arrest was ever made
for the Dent fire .. He closed his investigation on June 12, 2012, just prior to his retirement from
the PSP.
By the fall of2010, Smmtti was openly threatening Spencer's life. On October 7, 2010,
Spencer reported to the HTPD the following threats:
"Your going to quit breathing if you keep fucking with me."
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"ff you bttild something down there, I'll burn tbat down too."
"If you don't cancel child support when we are divorced, I'll kill you."
By November 2010, Spencer and Dent were so frustrated wi1h law enforcement that 1hey
took their complaints to 1h() media. They were interviewed by a reporter from The JJaily Item
newspaper. When Sanutti found out, she attempted to contact Spencer. As detailed in a.
November 5, 2010, HTPD report, Spencer requested that law enforcement listen tci his'
conversation with Sanutti so 1hat they could get the proof needed to arrest her. No consensual
recording of that conversation was ever attempted.
The Daily Item ran an article on November 7, 2010, headlined "Ex-Daters say house fires
were plot to kill."
As 2010 came to a close, Sanutti continued to make threats. On December 14; 2010,
Spencer reported the following threats after a child custody hearing:
"Your dead, your dead, I;m going to take 1he kids and move to Florida with out you
because you wont be around."
"I get everything I want, everything I say happens. I i n ~ t want the kids living at 1394
Millville Road and it happened. I didn't want the kids living at Julies and it happened."
"See what happened to John Swindt." (John Swint was an individual who had been
murdered in Bloomsburg in 1992.)
"You'll see, Reed's and [R.R.] have their kan;na coming also."
V. . EVEN MORE TIIREATS AND SPENCER BEGS FOR PRO'IECTION
JANUARY2011-DECEMBER2011
The fast significant event of 2011. occurred on April 11, 2011. On that day, Spencer
went to the HTPD and macje a report directly to Chief Michael V anDine. Spencer rnported the
following threats from Sanutti:
That he would not Jive in the new house he was building and that she will bum it down.
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That she wanted to move. to Florida when the divorce was final and since he has partial
custody of the children, she would have to kill him so she could take the kids.
ChiefVanDine indicated in a report that "No action taken as Spencer only wanted the PD
to documentthe report." This statement appears in various HTPD reports. Spencer's attorneys
and his friends vehemently dispute that he did not want the HTPD to do anything.
By this date, Spencer had reported threats on his life in May 2007 (also October 2006 and
March 2007); February, October, and December 2010; and April 2011. Sanutti was never
arrested for any .of those .terroristic threats nor was she interviewed regarding .those threats.
Besides telling the HTPD about all these threats, Spencer had provided them wifu stipportive text
messages ?Jld voicemails. Sanutti was never arrested or interviewed regarding the threats that
. would come after this date.
On April 12, 2011, Spencer reported to the HTPD that Sanuiti sent a text to Spencer that
read as follows: .
"My friends from New York said they won't. be in town for
a while but they will be asure to stop by when they come
this way. sincerely the mouse"
On April 18, 2011, Spencerrepo11ed the following Sanutti threat to the HTPD:
"That she meant tO kill Julie, that she is going to kill Julie
now for sme. ,,
"If Julie stays in the house at 20 Fairview Drive for even one
night, she is burning the house down.''
On July 9, 2011, Spencerrepo1ted to the HTPD receiving the following text:
"He better have fill alibi tonight because she is going to have one."
On July 21, 2011, Spencer reported threats Sanutti made to him at 1394 Millville Road,
where a new home w,as being constructed. Spencer said she becaroe irate and stated:
"You will not ever build a home here, not over my dead body."
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"You will never live in that house I will bum it down."
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On August 16, 26, and 30, 2011, Spencer wrote a series of letters to Columbia County
Judge Thomas James. In response to one of Spencer's letters to Judge James, DA Norton sent a
letter to Spencer on August 30, 2011, regarding his fire. Spencer responded lo him on
September 1, 2011. DA Norton then sent a second letter to Spencer on September 28, 2011,
regarding the July 21, 2011, repo1ted threats. Spencer's letters explained the threats to bum
down his home and Dent's home and the fact thaJ the two fires had occurred. He also expressed
concern that his new home that was being constrncied would be burned down.
On September 29, 2011, Spencer went to the HTPD :with his son. Spencer repmted
Sanutti saying the following:
"If Grammy comes to the house, I'll slit her throat, I'll kill her, I'll put a fucking
bulletin her head."
Those statements were confinned at that time by Spencer's son, C.S. The HTPD
contacted an Assistant Distiiot Attorney who advised them that there was no criminal offense as
the threats were not directly co.mmunicated to Mrs. Spencer.
On December 16, 2011, Spencer signed an Affidavit in which he claimed that, in early
March 2010, after a Master's proceeding, Maria Spencer (Sanutti) came to his place of business
while customers were standing there and screamed ont the following: "l burned your mom's
house down you stupid junk man! Don't yon get it? Don't you get the hint'/"
VI. THE LAST SIX MONTHS OF SPENCER'S LIFE
JANUARY2012-JUNE 30, 2012
By the beginning of 2012, Spencer had become desperate and believed that he would be
murdered. That is clear from tbe witnesses who testifi.ed befure the Grand Jury. Collectively
tbeir testimony paints the pichrre of a man who knew he was going to be killed. Spencer would
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.......
tell hls :friends and/or fumily that he would be killed, that Sanutti was going to be responsible for
his death, and that her father, Franklin, would be involved in his murder. Spencer believed he
was going to be murdered, there was nothing he could do to prevent it, and that he was going to
be shot in the back of the head. Some of the witnesses themselves were present when Sanutti
made threats to Spencer and others observed or became aware of various threatening text
messages.
A HTPD report from May 3, 2012, is illustrative of what Spencer's mindset was near the
end of his life. He was an hour and a half from home and Sahutti bad called asking where he
was. The report indicates that Spencer stated that he was concerned as his new home was almost
finished and Maria had threatened him 1hat he would never sleep a night in the house.
In late May 2012, Sanutti tried to make contact again with Dent In a May 26, 2012
voicemail, Sanutti warned Dent to stay away from her children. lu a text from May 29, 2012,
she again warned Dent to stay away from the children. On June 6, 2012, Spencer made his final
report to the HTPD. He told the HTPD thaf he had received a call from 'Sanuiti advising him
that, if Dent did not stay away :from her kids, she was going to have her killed. No effort was
made by the HTPD to make contact with Sanutti.
On rune 8, 2012, Spencer and Sanutti were fmally divorced. Attorney Alice T.K. Corba
explained that the divorce was eventually obtained under what is called .a 330l(d). Because
Sanutti would never sign the Affidavit for a no-fault divorce, they had to use another method.
On June 16, 2012, theHTPD generated one last report prior to Spencer's death. On that
day, Sgt. Traugh installed surveillance cameras at 1394 Millville Road, the business/new home
location because of the ongoing threats.
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Attorney Corba tllstified that, on June 20, 2012, she obtained the copy of the divorce
decree and wrote and called Spencer. He was thrilled. He specifically asked her whether Sanutti
could try to "flop" at 20 Fairview Drive. He was told no, the house was his.
On June 27, 2012, Sgt. Traugh assisted Spencer with writing a no trespass letter. The
certified letter was mailed to 703 Picnic Lane, Selinsgrove, Sanutti's mother's home and the
same location where Sanutti's lawyer mailed her a copy of the divorce decree. The letter advised
Sanutti that she was no longer permitted at 1394 Millville Road, 20 Fairview Drive, and two
other properties where Spencer owned trailer courts. The only exc()ption was that the transfer of
the children could be done in the driveway of 20 Fairview Drive. This certified letter was
signed-for by San'utti's niece the next day .
. Several 'other events that were occurring at the same time are quite illustrative. About a
week before Spencer's body was discovered, K.Y. had a conversation with Sanutti. Though she
knew her. through Spencer, K.Y. did not have a particularly close relationship .with Sanutti.
Dru:Ing this conversation, Sanutti said the following; "Well you know my father's a criminal," "I
told him be can't be around, he can't talk to [C.S:] about anything but football and golf because
otherwise he'll be telling him stories about him popping people in the head." As Sanutti was
saying this, she was putting her hand to her head simulating shooting someone in the head.
Mrs. Spencer also testified about a conversation that she had with her son about a week
before hls body was discovered. He told her that if mything happens to me, "you move into the
house.' It is iliuost finished and then you spend anytime you can to get my kids off of her,"
.At around the same time, Dent also noticed a sudden change in Sanutti's treatment of her
children.. Dent testified that, although Sanutti was a distant and inattentive mother who would
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just go away for weeks at a time, suddenly there was a change in the week prior to Spencer's
deafu. She was suddenly taking the. children on the days she was SUpQOSed to have custody.
P.S. also testified that, on the Friday or Saturday before Spencer's body was discovered,
Spencer called him and told .hirn, "Maria is on the warpath again."
On Saturday, June 30, 2012, the Spcncer/Sanutti divorce, which had been granted
approximately three weeks earlier, was listed in The Press Enterprise newspaper, along with
vari.ous other divorces. Sanutti was observed as being raging mad that morning wheri she went
to pick up her children from a sleepover at a campground. Spencer went to work that morning
and, between approximately 9:30 a.m .. and 11:30 a.m., he was involved in a texting exchange
with SanuttL It stm.ted with Spencer asking about whether the children have insurance. Sanu\ti
responded several times stating that he had his girlfriend write her a letter (the no trespass letter).
She wrote; "Go .Fuck Multiple times Spencer asked her whether the children have
insurance and he wanted to make sure she took care of what they needed. She responded, "I will
not complete paperwork. You cao go to the Department of Welfare and apply yourself. Good
Luck ... " 'Towards the end of the exchange, Spencer beg!)ll to gloat about the divorce. He wrote,
''.i11st so you know, got 23 calls this morning about what was in the paper today. Counting them,
Hee Hee. People were rooting for me, hee bee." 'Then he sent another text saying "Our divorce
is in the paper today, llnd it says I divorced you. I was w011'i,,d about that. Details I worry about.
Have a great day." The PSP retrieved these text messages from Sllnutti's cell phone text records.
After closing his business aroupd luncbtime, Spencer traveled to Dent's .home, where he
spent most of the afternoon. At 3:37 p.m: Sanutti's vehicle was seen on camera at Spencer's
business in violation of the no trespass letter. A neighbor believes she saw Spencer's llnd
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Sanutti's vehicles on Fairview Drive that aftemoon. At 4:25 p.m., Spencer and Dent were at
Home Depot. They were seen checking out at that time on store surveillance.
After leaving Home Depot, Spencer and Deut weut in separat<> directions. Spencer drove
to his.son's baseball game and Dent went home. The baseball game was scheduled for 5:30 p.m.
R.R. testified he saw Spencer at the baseball game. He was talking to Spencer on the phone
when Spencer said, "I'll piss her off. I'll jog by her" (Spencer was apparently mocking Sanutti,
who walked with a limp.) Spencer jogged.by Sanutti and then talked to R.R. That was the last
time R.R. ev.er saw Spencer.
Phone and text records show that Spencer and R.R. talked 011 the phone at 5:26 p.m. and
almost immediatelythereafter Sanlltti texted Spencer. At 5:29 p.m., Salll1tti wrote, "Ur gonna be
rude to impress [R.R.] he showed no class with his x wife ur better than that ... " There is no
evidence from phone records that Spencer ever responded to that text. At 5:42 p.m., Sanutti
called Franklin. According to witnesses and the phone records, Spencer stayed at ihe baseball
game. After t11e g8)lle was over, he picked up Dent and they went to the Millville Carnival.
While there; he saw J.R. J.R. testified that she was at the carnival when someone picked her up
from behind. It was Spencer. He told her, "Blondie, I believe I'm as .good as gone. She's got
something brewing. So this may be the last time I see you."
VII. THE MURDER OF SPENCER AND DISCOVERY OF B1S BODY
JULY 1, 2012 JULY3, 2012
On the morning of Sunday, July 1, 2012, Spencer was driving his Harley Davidson
edition F-150 truck when he left Dent's residence. Spencer was heading to the Fairview Drive
home to pick up his dog, Motley. Spencer planned to build an enclosure for the dog in the area
of the new home being constructed next to his business. He and Dent planned to move into that
home and his mother was to move into the Fai.rview Drive home.
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Spence:'s vebicle was seen on a surveillance video outside ofBloomsbmg at 8:38 a.m.
He was coming from the Danville area towards Bloomsburg. He was traveling in the i:!irection
of his home. At 8:41 a.m., Spe,ncer sent a text to a :friend. Spencer's vehicle was seen on a
surveillance video in the area of Interstate 80 and the Buckhorn Exchange at 8:45 a.m.
Seventeen minutes later, his truck was seen oh video surveillance from the same location. This
time the truck was traveling away from Spencer's home. The truck entered the Interstate
heading west. .All evidence points to the fact that Spencer had already been murdered and that
his truck was being driven by the offender or offenders responsible for his death.
Though his mother, Dent, and his friends tried to locate Spencer, no one made contact
with him on July 1 or 2, 2012. His son had another baseball game scheduled for Monday, July 2,
2012. Spencer did not appear at the game, which was highly unusual.
Both Mls. Spencer and Dent were concerned because they could not locate Spencer.
Dent testified she continuously tried to text him, but got no response. She contacted Mrs .
. Spencer, who had not heard from him either, but Dent said that sometimes, when Sanuiti was
acting out or threatening Spencer, he would go out of comniunication. Dent said she had a bad
feeling but continued to try to reach Spencer.
L.Y. testified that, on Tuesday, July 3, 2012, Mrs. Spencer called him because she could
not get hold of her son. He agreed to ~ check on Spencei:. He arrived at 20 Fairview Drive and
did not see the truck or the dog, He opened the front door and saw Spencer's legs first, noticed
black m:ound his ear, and realized that he was dead. L. Y. called 911.
Finally, Dent testified that she got a call around Junc)ltime and was told there was police
activity at the junkyard. :'jhe then called Mrs. Spencer, who screamed and cried and said, "She
killed my baby."
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VlII. THE INVESTIGATION INTO THE MURDER OF SPENCER
JULY 3, 2012 JULY 2014
A. THE CRIME SCENE
Cpl. Williams responded to the Fairview Drive residence on July 3, 2012. Cpl. Williams
testified that on Fairview Drive all the homes are located on the same side of the roadway and
are spread out. There is a wooded ridge across the roadway. The Spencer residence was two
floors with an open center section. 'Tiiere is a deck/porch in front of a set of double doors in the
center of the residence.
Cpl. Williams testified that, when he arrived at the crime scene, there was a lea(! for a dog
but_ no dog was found. There was a pair of flip-flops on the deck and a push broom. A lot of
blood was found on the deck and on the threshold of the front door. There were swipe marks in
the blood. Cpl. Williams believes that there had been an effort to clean up the blood. There was
a large amount of blood underneath the threshold.
Only the l<lft door of the double doors actually opened; the right door was fixed. On the
left door, blood was found at shoulder height and blood spatter was found on the trim and inside
the door .. Cpl. Williams testified that he believes that Spencer was seriously injured outside of
the residence. That opinion was based on the amount of blood observed in that location.
Inside the home, Spencer was found deceased on the ceramic tile just inside the front
door. There was a large amoljllt of blood inside the doorway arid on the left side of the victim.
Spencer's arms were outstretched and he was wearing a gray t-shlrt and camouflage -shorts.
Spencer had been shot twice, once through his left bicep into his torso aud once in the head.
Cpl. Williams testified that he believes Spencer was first shot outside the front door.
That shot went into his torso. He believes that Spencer's body was then dragged into the home
where he was shot in the head. Drag marks were observed on the tile. Cpl. Williams testified
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you could see the swipe, the directionality of the body being moved inside. The victim was
moved inside and tl1e door was closed. There was a sneaker impression found in fue blood near
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the body. The same sneaker impression was also fotind in 1he driveway. fu the kitchen, to .1he
right of fue center portion of the home, a yellow glove appeared to be out of place on 1he floor.
The home did not appear to have been recently cleaned.
The clofues that Spencer was were fue same clothes he was wearing when he
was seen on the Home Depot smveillance on Satmday, June 30, 2012. A receipt from Home
Depot foiind on his body. was dated 30,'2012.; at 4:25 p.m.
Corporal David Andrenzzi, a Forensic Service Unit Supervisor for tlie PSP, testified.
about bis searches of the home and Spencer's business. He collected evidence on Juiy 3, 2012,
from fue mmder scene as well as the victim's business.
Cpl. Andreuzzi testified that directly in front of the entry door there was a large area of
cleari-up of blood. It appeared that a broom was used to push the blood up against the house. He
observed dty clotted blood underneath 1he entryway threshold. He observed blood spatter on the
doorjamb and on the weather stripping, which he said was ari indication that the door was ajar
when the bloodletting event occurred. The victim was standing and had opened or partially .
opened the door at the point 1hat he was shot. The victim was not found in a natmal position,
indicating that his position had been manipulated. by someone else.. There had been a
bloodletting event outside the residence and then the body had been moved into the residence.
Someone had grabbed his arms arid pulled him inside. There was pooling of blood on one side
of the bod)'., which indfoated that the )>ody had been fuere for some time.
Cpl. Andreuzzi also indicated that it did not look like the home had recently been clearied .
prior to fue mmder. A nibber cleaning glove was recovered :from the kitchen floor. He said that,
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based on how duty the house looked, this glove being there did not make sense. There was also
a shoe impression in the blood Inside the home. There was no evidence fuat a dog tracked
thro:igh any of the blood. There was a similar impression in fue driveway.
The shoe impressions were later found to most closely cmrespond to a Dr. Scholl's
Escape sneaker, size 11. This is an inexpensive sneaker that is sold at Walmart. DNA testing
later established that Sanutti's DNA was contained within the inside surface of the glove found
on the kitchen floor.
Found at Spencer's business was the newspaper from June 30, 2012, containing o t i ~ of
his divorce from Sanutti. Also located were copies of the divorce decree and the no trespass
letter sent on June 27, 2012, and a ce1tified receipt signe<l by Sanutti's niece on June 28, 2012.
An autopsy was conducted on July 5, 2012. An x-ray showed a bullet while it was still in
the victim's head. There were also photographs of both bullets after they were removed from the
victim's body.
B. TilE RECOVERY OF SPENCER'S DOG AND TRUCK
The dog that was missing from the Spencer home was a purebred Weimaraoer named
Mutley. After the murder, Mrs. Spencer took it upon herself to look for fue dog. She contacted
the breeder, who informed her that Mutley was recovered near Harrisburg. A caterer found the
dog while working at a reception at fue Peter Allen House in Halifax Township, Dauphin
County. 1he dog was found at approximately 2:30 p.m. on July 1, 2012. Mutley has been
returned to.Mrs. Spencer. Franklin was living in the Harrisburg area at the time of the murder.
The Peter Allen House is 72 ri:iiles from the murder scene. Franklin resided tWelve miles from
the Peter Allen House. Cpl. Williams believes that the offender or offenders removed Mutley .
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from the crime scene and dropped the dog off in the area of the Peter Allen House. It appears
that the offender or offenders took great effort to not harm the dog.
Once the PSP released information to the media that Spencer's truck was missing, it was
quickly recovered in Sunbury. The truck was found .a few blocks from the Brass Key Bar. That
bar is owned by Anthony Rocco Sanntti, Jr., who is Frallklin's son and Sanntti's brother. The
truck was located on the evening of July 3, 2012. It was recovered 29-30 miles from fue murder
scene. Cpl. Andrcuzzi also searched the victim's truck and photographed it. Money and
Spencer's wallet and credit cards were found in the truck, indicating that robbery was not the
motive for the nmrder. The keys to Spencer's truck and his cell phone were not found.
C. VlDEO SURVEILLANCE OF SPENCER'S TRUCK AND
SPENCER'S CELLPHONE
It is believed that the offender or offenders were in possession of the truck after
Spencer's murder when it was seen on surveillance at 9:02 a.m. on July 1, 2012, again in the area
of Interstate 80 and the Buckhorn Exchange. Based on the amount of time it talces to drive from
the area ofinterstate 80 and 1he Buckhorn exchange to Spencer's home and back (eight minutes),
Cpl. Williams estimated that the offender or offenders would have :had approximately nine
minutes to shoot Spencer, drag his body into 1he home, shoot him again and malce some effort.to
clean-up the crime scene. The truck can fuereafter be seen on surveillance traveling in Danville
at 9:21 a.in., and also at 9:26 a.m. and 9:27 a.m. At all times the truck was traveling towards
Sunbury.
Cpl. Williams testified that the signal from Spencer's cell phone was striking a tower on
Route 11 outside of Northumberland. This started around 10:30 a.m. on July 1, 2012, and the
phone remained stationary until the battery went dead. It is believed the cell phone was thrown
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out of the window by the person(s) driving the truck towards Sunbury, It has not been
recovered.
D. TWO GUNS WERE USED TO MURDER SPENCER.
Cpl. Williams testified that, about a month after the murder, the 'psp discovered through
ballistics testing that two different hltllets were used in the murder. The fast shot to the victim's
body was fired from a rifle and the shot to the head was from a small weapon. The PSP
did a search on the wooded ridge across from the home and located one spent shell casing and
one live round. A sniper's nest Was also located. There is a "Y" ill a tree that is exactly 115 feet
from the front door with a clear view. A gun was found a few feet from where the sniper's
nest was located. That gun case has not been manufactured for 20 years.
Cpl. Williams testified that the evidence suggests that there were two people involved ill
the killing. He also believes that Mutley had been removed from the crime scene before the
murder. He does n.ot believe the dog would have remained calm while someone was across the
roadway in the sniper's nest.
E. CELL PHONE RECORDS AND THE WHEREABOUTS OF SANUTTI AND
FRANKLIN ON JULY 1, 2012
Cpl. Williams testified that, on July 1, 2012, Sanntti' s cell phone became IJ.C!ive at 10: 11
am .. Spencer was murdered at approximately 8:50 a.m. and it would only take.approximately a
half hour or so to travel from the murder scene to the Sunbury/Selinsgrove area. Sanut\i.
attempted to reach S.C., an individual with whom she was having a sexual relationship. Sanutti
hied to reach S.C. by phone and then sent him a text that said, "Good morning .. Will you be at
your camper by noon." S.C. responded, "Okay." At 11:35 am., she texted him, "whe(e are you
I am at your can1pe(." He responded; "I will be there ill :five."
35

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S.C. testified that he had burned himself while at work that morning. Though in pain, he
went out for a brief period of time on his boat with Sanutti and her son. However, the boat broke
down and they returned to the shore and went out to eat. He later sought treatment for his burns.
Franklin's cell phone did not become active until 11:50 a.m. on July 1, 2012, audhe was
in Harrisburg at the time. A review of his cdl phone activity indicated that 11 :50 a.m. is one of
the latest times his phone ever became active on any given day. Cpl. Williams testified that
Franldin could easily have traveled from Columbia COunty to Hanisburg in two hours. His
phone became active three hours after the murder. Cpl. Williams testified that Franldin's cell
phone was thereafter "hitting towers" between Harris burg and Sunbtuy. Through this cell tower
infonnation, it is believed that Franklin made two trips between HmTisburg and Sunbury that
afternoon. His cell phone hit towers in the area of the Peter Allen House close to the time when
Mutley was found. Franldin later told the PSP that he never left Harrisburg on that day.
F. SANUTTI'S BEHAVIOR AROUND THE TIME OF THE MURDER
S.C. testified that he met Sanutti approximately eight years ago at her brother's bar, the
Brass Key Bar. A primarily sexual relationship developed. They would see each other on a
sporadic basis.
According to S. C., Sanutti would talk about Spencer and the divorce constantly. He
described her as "obsessed by it" Though he never heard Sanutti threaten Spencer, he has heard
her father threaten Spencer. He kn9ws Franklin from the Brass' Key Bar. If they were sitting at
the bar Sanutti was complaining about the divorce, Franklin would make connnents to the
effect that, if he ever saw Spencer, he would kill him and tliat, if Spencer .ever touched his
daughter, he would kill him.
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S.C. testified that Sanutti was acting funny around the time of the murder, including prior
to the murder. She wanted to spend a lot of time with him and was bringing her children around,
which was something that she had never done before.
On the morning of July 1, 2012, S.C. had a seal coating job in Northumberland. He
worked with another individual and they were there from approximately .6:30 a.m. to 11 :30 a.m.
While working that job, a hose broke and he burned his arms and neck. He then met Sanutti and
her son at his campsite to take them out on his boat. They were only on the boat for a short
period oftimc and then they went for food.
On Monday, July 2, 2012, Sanutti's son C.S. had a baseball game. On Tuesday, July 3,
2012, Sanutti, her son, .and her sister G.S. were in the Philadelphia area, having taken some
relatives home. After driving back :from that area and picking up her daughter, Sanutti drove to
the area of 1394 Millville Road. At that location, she eneountered the PSP.
Trooper William Maynard testified that he. had contact with Sanutti in the area of
Spencer's business at around 5:00 p.m. on July 3, 2012. SJie was standing outside her vehicle.
Her sister and her children were in the vehicle. Tpr. Maynard informed her that they were
investigating the death of her ex-husband and asked if she would come to the Barracks to speak
to them. Sanutti said she would not and asked if they had a warrant for her arrest.
Tpr. Maynard thought it was ''unique" that she had no questions concerning how Spencer
had died. She exhibited a disdain for law .enforcement and was very uncooperative. He
indicated fuat Cpl. Williams was present aod said hello to her son, C.S. Sanutti then stated, "I'm
an attorney and you will not talk to my children." Tpr. Maynard indicated Sanutti exhibited no
emotion when being told of Spencer's death.
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S.C.-testified, and cell phone records confirm, that Sanutti called him to tell him Spencer
was found dead and that he had been shot. S.C. described her as "cahn as can be, like it didn't
bother her." He said she was "overwhelmingly not bothered by it."
When he was interviewed by the PSP on July 10, 2012, S.C. told them that Sanutti had
already asked him whether the PSP had contacted him. After he si)oke to the PSP, she inquired
again whether he had been contacted by the police and he told her he had. After he informed
Sanutti that he had spoken to the police, she would not look at him or talk to him. That was the
end o ~ i s involvement with her.
Corporal Michael Reffeor also testified. He had contact with Sanutti on July 6, 2012, and
July 19, 2012. On July 6, 2012, he went to Sanutti's mother's house in au effort to interview her
mother. Sanutti ai1d C.S. came to the door. Betty Collins was not at home. C.S. began to ask
qnestions about the missing dog and Sannlti volnnteered that she had called the local SPCA's
and animal shelters, but no one had found the dog. When they were finished talking about the
dog, C.S. asked how his dad was killed. Both Sanutti and C.S. volunteered that the last time they
had.seen Spencer was l)t the baseball game on Saturday night, June 30, 2012. Cpl. Reffeor then
asked Sanutti if she had any idea why or how the truck ended up in Sunbury. She responded that
Frank was the only person that ever drove the truck, and the only other person was her. Franklin
would later claim that he drove Spencer's truck. Cpl. Williams checked and he found no
evidence to confinn Sanutti's claims that she had called SPCA's and animal shelters,
Cpl. Reffeor also testified about. what happened on July 19, 2012, when he called
Sanutti's sister, G.S., to try to set up an interview. When G.S. answered her phone and identified
herself, and he identified hself, she became inunediately contentious, asked if he had a
warrant, and said talk to my lawyer. Sanutti. then got on the phone and identified herself as
38
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G.S. 's lawyer. She eventually iden\ifled herself as Maria and was unpleasant. She said nobody
in her family wanted to talk to him. She asked if he had a warrant and then hung up the phone.
Sanutli's brother, Anthony Rocco Sanutti, Jr., also ignored the PSP attempts to get video
surveillance from his bar.
G. FRANKLJ'N'SBEHAVIORAROUNDTHETIMEOFTIIBMURDER
Parole ,Agent Mann. was well aware there was not a good relationship between Franklin
and Spencer. After Spencer's murder, he had contact with Franklin on July 18, 2012. He
offered his condolences and almost immediately Franklin's comment was that he had nbtbing to
do with it. He started to give an alibi and said he was not in Bloomsburg. He went on to tell
Mann, "I'm not shedding any tears over him. I didn't care for him."
Mann confamed that, when he spoke to the PSP in late July 2012, he told them that
Franldin wore a pair of white sneakers that an old man would wear and also sometimes wears
black shoes. He was sent an adve1tisement of a Dr. Scholl' s Escape sneaker by the PSP and
advised them that those looked like the sneakern that Franklin wore. At the time, Mann also told
the PSP that he had not seen that pair of sneakers and that Franklin recently switched to .a new
pair ofNike sneakers ..
H. SANUTTI POST-MURDER INCRIMINATING STATEMENTS AND
CONDUCT
Sanutti's threatening and intimidating ways did not end with Spencer's murder. In fact,
beginning shortly after the discovery of Spencer's body, she began boldly contacting and making
a variety of threats anq statements to his family and friends.
On July 5, 2012, Sanutti texted Dent, "Do not come in my home or junkyard ever again.
I suggest you avoid me and my kids at bis funeral. Your behavior is inappropriate and I will not
tolerate it. Maria." She also texted Mrs. Spencer about th.e funeral and about not having Dent at
39
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the :funeral. On July 23, 2012, she texted Mrs. Spencer, "Let me make this clear, stop telling my
son you are :finishing Frank's house so he can live with you. It is not going to happen ... " She
also threatened to move away to limit Mrs. Spencer's ab,ility to visit the children. On July 30,
2012, she sent two texts to Mrs. Spencer: "I wilrnever let you Jive in my kid's home at the
junkyard" and "karma".
On that same evening, July 30, 2012, Sanutti made a call.to R.F.'s residence. R.F.
testified he was home when his wife's cell phone rang. He answered it and the caller identified
herself as Maria Spencer. RF. said that Sanutti had never called them previously. Sanuttl then
said she had a message for him: Tell his A1mt Madeline. to not move h1to the house, that she
would.burn it down like she did the others. She warned hhn that if Madeline Jived in that house,
it would be her last and that she was not kidding. She could join Frank. R.F. said that Sanutti
also screamed at him and then calmed down and asked him whether he got the message. R.F.
said he was stunned and that he had never had a conversation with her before this one. He
immediately contacted the PSP.
On August 3, 2012, Mrs. Spencer was on the phone with her grandson and she could hear
Sanutti yelling in the background. She was saying "tell your Grammy, she is next." Mrs.
Spencer reported this to the PSP.
Sometime fa August 2012, Sanutti also had a phone conversation with L.Y. She denied
killing Spencer and then said "butl can't say if my family was involved or not. I don't know."
But then she said "the fires were a different story" and said "I have the ability to do that. I have
the ability to call and have something like this done."
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Sanutti als'o told .L.Y. that she and Spencer had once had a fight and that, after she Jut
him, he grnb bed her. She said that she went to her dad and they were going to have something
done. "Frank apologized to my father and we called it off."
R.R. testified that, on August 25, 2012, he received text messages from Sanutti. He said
prior to that date she had nev,er texted him and he did not know how she got his nwnber. Sanutti
wrote, "Hi, Frank apologized for the day at the baseball field. He was a much .man than
you. He wasn't aftaid to mn by me, are you, haha.'' R.R. responded, ''.was that before you shot
him?" Sanutti then responded: "1 saw your grandkids are back, good to youdamily. They
need you. I was always told that if you brought a gun to a funeral, you should be prepared to use
it. Were you going to shoot? I don't like being threat-ened. Stay out of my business." R.R.
responded to that with a derogatory te1m. During this text exchange, RR. called the phone
number and Sanutti answered the phone, stmted to curse him out, and told him to stay out of her
business. He further testified that he believes what she was referring to was that at Spencer's
viewing he and P.S. had stayed at the door because Mts. Spencer didn't want Srumtti at the
viewing.
On September 5, 2012, P.S. received a text from SanuttL Like .the others he had never
had a phone conversation with her and did not know how she got his number. The text
referenced him behaving badly at the funeral when he watched the door like a bouncer and
flashed his gun at her. It then said "if you show your weapon to meagain you better be prepared
to use it. I take nonverbal threats seriously. I let it slide out of respect for Frank and my kids.
Don't ever threaten me again, Maria Spencer."
P .S. testified that he and R.R. watched the door to fulfill Mrs. Spence1"s wish that Sanutti
and her family not get into the funeral home. The children were allowed in and, when he hugged
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C.S, the child brushed up against his gun. His gun was never out and he described her claim that
he brandished a gun as an absolute lie. He described Sanutti standing across the street "with a
huge grin on her face enjoying the spectacle." He said later as they were leaving that Sanutti
attempted to run into the funeral home and Mrs. Spencer asked him to stop her. He stopped her
at the door. She cursed at him several times and the funeral director came over and made her
leave.
Cpl. Williams testified that, on September 6, 2012, at a youth football game, Sanutti
walked by Mrs. Spencer and said, "My dad said to say hello to you" and then kept walking. Cpl.
Williams viewed this as significant because he believes that Sauutti was identifying her father,
Franklin, as having a part in something and that Sanutti's threats to Spencer often involved her
father. Mrs. Spencer in her testimony confumed this incident and said Sanutti had a roundabout
way of tlrreatening her with her father.
Cpl. Williams lives in the local area and was at a high scho
0
ol football game the very next
day, September 7, 2012. While at the. game, people who knew he was in Jaw enforcement
alerted him to the actions of Sanutti. He observed Sanutti engaged in an argument with Reed ..
Cpl. Williams went down and listened for what he could hear. He heard Sanutti say to Reed
something to the effect, "You better watch out for my dad and my wcle."
Reed testified to all' the details of this encotmter. He approached Sanuiti and told her that,
when C.S. was at L.Y.'s, "I will never disrespect you to the kid." She o o k ~ at him and said
"Reed that is why you're still alive." In response he said "Tell your dad hi," a reference to what
had been said to Mrs. Spencer a day earlier. Reed thenwent and sat with his wife. Soon after,
his wife received a text from Sanutti. Reed has no idea Mw she got that number. He then went
down and confronted Sanutti. Reed testified he went and started to push her buttons, trying to
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get her mad. He did that because Spencer had told him that is how you find out what is going to
happen next. He mentioned the fires and that C.S. was in the house when she had told Spencer
about "Pop Pop" (Franklin) burning down "Granuny's" (Mrs. Spencer's) house. Sanutti told
him, "your house will bum too Reed." Reed responded about shooting him (Spencer). Sanutti
replied, "When he was laying on the ground dying looking up, the last thing he saw was me
before he died." Sanutti then told Reed that a bullet can find him too and that Madeline was
.......
next.
Reed testified that Sanutti has threatened him in the past and that she plays on fear. His
son has told him that C.S. had said that his motlier wants to kill Reed and bum down their house.
I. THE PSP INTERVIEW FRANKLIN
POST-MURDER INCRIMINATING STATEMENTS
Cpl. Williams testified about two interviews he conducted with Franklin on September
12, 2012, and September 19, 2012. In the first interview, Franklin described himself as a career
criminal who never. worked a day in his life. He explained bis last'name was given because of a
stepfather, but his name should be Sanutti.
Franklin said he got .a phone call informing him of Spencer's death but could not recall
who had called him. He said he did not contact anyone regarding Spencer;s death, including
Sanutti.' He told Cpl. Williams that he didn't care what happened to Spencer, and that-it didn't
make a difference to him. He denied being involved in the killing or knowing who was.
Franldin was .protective of Sanutti and said she had nothing to do with this. He said he did not
attend the funeral: "Fuck him, I didn't go."
Franklin denied knowing what happened to Mutley. He denied ever seeing the dog.
When asked which way he traveled between Sunbury aod Harrisburg, he said he didn't know
43
which way he goes. Thatitmight be on 11/15, but it might be on 147. When told that Spencer's
truck was.found in close proximity to his son's bar, he said he did not know the truck was found.
Franl!:lin then brought up to Cpl. Williams that he really liked Spencer's truck and had
been actually in the' process of trying to buy it from Spencer. He said the last time he was in the
truck was in June, about a week before the murder, and tbatthis was at Spencer's house. He said
that he had traveled np to the house with Sanutti and that Spencer was also there. He said Sanutti
was cleaning. When it was suggested to him that he and Spencer were enemies, he said that they
. got along. He sa\d he took the truck for a drive because he was thinking of buying it. He
claimed to have gone by himself, but did not know where he drove.
Franklin was then asked about the new-looking Nike sneakers he was wearing. He said
he )lad gotten them about a month before. He said he is a size l OY2. (Cpl. Williams also pointed
out that Franklin had referred to the murder as having occurred a month before.) When asked to
show his sneakers, Frankli11lifted them up and displayed the bottom of the sneakers .
. On September 19, 2012, Franklin was interviewed for a second time. Franklin said that
he was wrong about the day that he was in Bloomsburg, and that it was the Saturday before
Spencer was found dead. He said that he was also Wtong about Sanutti being in the house
cleaning; she was at the baseball game. He said he was by himself for about twenty minutes
when Sp'encer came home and that Spencer was okay with him being there cleaning. Franklin
said that he was cleaning up stuff, using the push .broom, doing dishes, and doing laundry and
putting it away. When he said he used the push broom, he was challenged by the investigators
that most of the inside of the house was carpet. He then changed what he was saying and said
:that he used it on the porch to clean up some stuff.
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Franklin then said that, when Spencer came home, he took the truck for a test drive. Fie
drove up the road to a "Y" in the road aud then came back aud parked it. Franklin aud Spencer
then "Indian wrestled." He said this is done by grabbing each other's wrists/arms. Franklin
claimed that Spencer had told him ifhe could beat him that Franklin could have the truck.
Franklin said there was no bad blood between himself aud Spencer and that he came up
two or three times a week to visit his grandchildren. Franklin said he did not call Sanutti while
she was at the baseball game and said he had not tried to call Spencer. Toward the end of the
interview, he said, "Just lock me up."
Franklin was 1hen asked where he was on July 1, 2012. He initially said that he did not
remember, but thell said he was iu the HatTisbUl'g area the entire day.
CpL Williallls also testified that, on September 23, 2012, he briefly spoke to Franklin by
phone .. At that time Franklin told him he was mistaken about being there on 1he Saturday before
the mUl'der. Re was mistaken about everything.
Spencer's friends and family were all questioned about Franklin's claims that he was
cleaning Spencer's home. All scoffed at the notion, indicating that Spencer aud Franklin did not
like each other and Spencer would not have allowed it. Franklin's cell phone recor.ds do not
show him ever being in Bloomsburg in 2012. There is no evidence that Spencer wanted to. sell
his track or that he ever left the baseball game on June 30, 2012 .
. Spencer's DNA was fuund in tbe bristles of the broo)U used to clean up the blood on the
porch. Cpl. Williams testified that he believed that Franklin was trying to place himself touching
all oftbe items with which he was concerned: Spencer's Wrists, the broom, and Spencer's tmck.
45
J. FRANKLJN'S GRAND JURY TESTJMONY
MORE POST-MURDER INCRIMlNAT!NG STATEMENTS
Franklin testified twice before the Grand Jury. In his first appearance, Franklin claimed
to have a problem with hiS memory and that he had no recollection of his two -interviews with the
PSP.
Franklin testified he has had a lot of Corvettes in his lifo and that he had a 2001 Corvette,
but he no longer has that vehicle.
Friinklin then test\fied.that he knew about the January 24, 2010, fire at the house at the
junkyard before it stmted. He testified, "Frank asked me to burn it down. He would give me ten
grand and 1 told him no." He admitted he was the individual that called the PSP Station on
February 4, 2010. He claimed that he did not recall visiting the fire scene subseqnent to 'the fire
or telling his parole agent that he had done so.
Franklin testified he knew who Dent was, Spencer's girlfriend. He admitted knowing ...
Dent had a fue and said he had heard about it. When asked where he heard about it, he said, "I
don't know. In a bar you hear a house burns down. I don't know." He said he never met Dent
and.does not know where she lived.
Franklin agreed that Sanutti did not want the divorce. Franklin said sl;te loved Frank to .
. .
death.
Franklin testified that he never had an argument with Spencer, but stated that he did not
like Spencer. He said that he had "no idea'' how he found out that Spencer was dead.
Franklin testified that he used to go and clean 20 Fahview Drive. He said, "I used to nm
all during the year, I would go over and clean the house. I don't know what week it was when I
was therei' He was then .asked how frequently he cleaned 20 Fairview Drive and he said, "At
least once a week so1netimes twice a week whenever Maria needed help."
46
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Franklin testified that he would Indian wrestle with .Spencer but that Spencer was "too
strong.". He would clean up: "whatever looked messed up I tried to clean up. Whatever I couM.
Sweep the porch up and sweep the rooms. Do everything." He said that, although Spencer did
not want him around his kids because of bis criminal record, Spencer had no objection to him
cleaning his house.
When Franklin .was asked the last time he saw Spencer, he said, "During the week, I
guess." He was reminded of bis interview wi1h the PSP when he talked about Spencer and said
"fuck him." Franklin testified, "Absolutely." He was read that portion of the interview when he
said Spencer meant "nothing to me" and "he is half a fag." Franklin agreed with those
statements: "I agree with it 100 percent," bl\t then testified, "I never had an argument with the
guy, never/>
Franklin was then asked why he asked the PSP several times whether they were locking
him up. He replied, "I think that is a normal statement"
Franldh1 was asked about, and denied malting, threats to two corrections officers about
Spencer. He said, "I had no reason to hurt Frank. The man never did nothing to me." Franklin
said he never has spoken to bis daughter about who may have killed Spencer.
Franklin was tben asked about his sneakers. He said he wasa size 10%.
Franklin was then asked about Spencer's trnck. He said it was a nice truck but denied
having any recollection. that he told the PSP that he had driven the truck. He testified he does not
remember if he ever drove the truck. When asked if he knew where the truck was found, he said
"somebody said Sunbury." When told it was found a few blocks from his son's bar, he said "I
don't care. It had nothing to do with me."
47
. Cpl. Williams and Mann both testified regarding Franklin's claims of lack of memory.
Cpl. Williams testified that, in addition to fuetwo interviews, he has had various other contacts
with Franklin and there was never a time he failed to remember who he (Cpl. Williams) was.
Parole Agent Mann also testified that Franklin has never complained to him about memory loss.
He has never attempted to communicate with Franklin and fo1md him to be in an. inappropriate
mental state.
When Franklin testified before the Grand Jury for the second time, with regard to
Spencer, he said, "I never had an argument with the man ... " When told that the Grand Jury had
hearcj from witnesses that said he 1hreatened Spencer, Franklin responded, "That's a lie: Aint rio
way in the world I tlireatened him. I never had no beef with him."
diU Regard:the incident when Spencer took 1he doors from 20 Fairview Drive, Franklin
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testified, "He went out and called the cops like the little bitch that he was and tried to get her
(Sanntti) locked up saying she hit him." He went on to say, "Oh I didn't like him. Everybody
knows I didn't like him. 1 didn't like him, he's a punk." When aSked directly as to whether he
ever 1hreatened to kill Spencer, Fraiiklin said "I don't think so. I might have ... " When asked
whether his' daughter ever threatened Spencer's life, he responded, ''.Maria's not fuat mits. I
mean, she has a moutb like me, but did she want to kill Frank? She loved that man to death."
Franldin was asked again as to whether he ever threatened Spencer's life. He said, "Hell,
110, I never threatened him." But when asked whether he might have said this to another person,
he said, "I might have." He went on to say, "I'm goingto kill him? No. I might have said
somebody ought to shoot the son of a bitch."
He was then asked about his clainls about cleaning the Fairview Drive home. He said
"Yeah, I would help. her clean, Well, I would just do the cleaning. She conldn't do too much."
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Then he was asked about his claims of Indian wrestling with Spencer. He says, "Every once in a
while, yeah. He was too strong. I used two hands and couldn't move him. He was just a bull."
When asked if he does a lot oflndian wrestling, he said, ''Not too much, but I did;" When asked
if the Indian wrestling was mostly with Frank, he responded, "For that time, yeah." But when
told that the Grand Jury had heard aud would hear that he hated Spencer, he responded,
"Absolutely." Aud when told that Spencer hated him, he said "Absolutely." When he was asked
why were you Indian wrestling, he responded "Weil, when I'm in his.house, you are to
people." He went on to say, "l aint going fo disrespect him in lrls Be was asked how .
many times he Indian wrestled with Spencer. He said "Five, six times, four times, eight times, I
don't know. I could never beat him.'' He was asked the last time they Indian wrestled and he
said, "I don't know."
When asked again, how often he cleaned the house at 20 Fairview Drive, he said, "I think
I was at his house three times, maybe five in my whole life. I'd say four max." He was then
reminded that this was inconsistent with what he said the last time he testified, that he would go
up there and clean all the time.
He was asked specifically what he would do wheu he ck,aned. He 8aid "wash the dishes,
yeah. I 'didn't wash the windows." When asked if he vacuumed, he responded, "Usually
sweep." "I would sweep the mg." He was then asked if he swept the rug with a push broom or
with a vacuum, he said, "With a push broom, vacuum, whatever is there. I don't think I ever
used the vacuum." He was eventually asked whether he ever wore rubber gloves and he said
once or twice. He then said that, if his daughter was away, he would go and clean. He said there
. .
was no lock on the door aud Spencer would not have a problem if he entered his home to clean ..
When asked speciffoally how mauy times he went aud cleaned the house in 2012, he said, "I
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guess 10, 12 times, 15 times.'' He was then challenged on that because there is no cellular data
evidence showing he was in the Bloomsburg area in2.012. He responded, "You got to be crazy.
I was up there a Jot of times."
Franklin was then asked about his sneaker size. He said "I'm a 10 and a half. I usually
wear 11." He was then asked whether he ever drove Spencer's truck. He responded, "I don't
I might have. I might not have.'' He went on to say, "I tried to buy it off him.'' But
when it was suggested that you would not buy a truck without driving it first, he said, "It was a
very special truck. I offered 15 grand for it."
When asked when was the last time that he cleaned and reminded him that Spencer's
body was found on July 3, 2012, he said, "It might have been a week before that rwas up there,
I might have been up there a week before that." When reminded fuat he told the PSP that he was
up there cleaning on June 30, 2012, while Sanutti was at .the baseball game and Spencer came
home, and 1hat they Indian wrestled and he drove. the truck, he said, "No, l don't remember.
Like I saidJ might have been up there cleaning, you know, I'm not saying I wasn't, but I thouglit
it was a week prior to that.''
Finally, within a short time after Franklin's testimony in August 2013, it was discovered
by Parole Agent Mann that Franklin was no longer in the Harrisburg area, and so he was in
violation of his parok conditions. There is currently a warrant fur his arrest for this parole
;violation.
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I
I
K. SANlITTI'S GRAND JURY TESTIMONY
MORE lNCRIMlNATING STATEMENTS
Sanutti testified that she ll1llrried Spencer in Eebruary 1997 and their divorce became
final in June 2012. She also stated she would have never divorced Spencer, that she loved him
immensely.
Sanutti testified that "you've got the fire tlring wrong" and that "1394 burnt twice." In
2008
0
r ioo9 house burnt down. His mother set the kitchen on fire and he never fixed it."
She said Spencer wanted the house destroyed. She then claimed that Spencer was the one who
pursued her to go out and that they were going to reconcile.
Sanuiti denied ever telling anyone that she had. the Millville Road house burnt down:
"No. I have always said that Madeline Spencer burnt her own house down, always." She
to driving up to the fire scene when she saw the fire trucks, but stated it was to see what
was happening. She said people jumped to conclusions thinking she burnt the house down, "they
were on me. So I left i1ght away." "Frank was so happy that his house was burned down. He
was jumping up and down for joy."
Sanutti testified that "Frank was-he had a mental illness and it was tough to deal with.
Our relatifmship was rocky on account of it. But you're not getting it. I loved that man and he
loved me too."
Sanuttl claimed that Spencer was bipolar, hostile, aggressive, and paranoid.
"Paranoid was one of the major problems that we had." She also claimed he was using drugs
an:d was bisexual. She testified, "I wasn't sure if he was really crazy or it was the drugs." She
also accused him of beating his mother.
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Sanutti also testified she has been arrested by the local police on numerous occasions.
She claimed that she was arrested for absolutely no reason because S11encer was friends with the
police and she was an outsider.
Sanutti testified that Dent was one of many women that Spencer dated and said, "We
referred to her as the baby sitter." She was asked whether she ever threatened to bum down
Dent's home and she responded, "No." She was aware of Dent's fire, but suggested that it was
committed by volunteer firemen who were convicted of other fires.
Sanntti was also asked whether she ever threatened to burn down the new house that was
built at 1394 Millville Road and she said, "No". Then she referred to one of the fires and stated
that "he (Spencer) tried to get it to look like I had set this fire or that my family had set it. But he
made so many mistakes. He made assumptions."
Sanntti was then asked whether she had threatened Spencer's life and she responded,
"No." She was then asked if she had threatened Dent's life and she.said, '.'No." Sanutti was then
asked if she ever threatened Mrs. Spencer's life and said, "I don't think I fureatened her !ifu, but
we're not friends." "She beat me up a couple of times." "'That woman is vicious."
Sanutti testified she was raised by a step-father and "my real father was a ciiminal. I
didn't have much of a relationship with him," But she stated that they got close in the la.'it couple
of years.
Sanutti testified she was still living at the Fairview Drive home at the time of Spencer's
murder. Sanuiti said she was at the house the Saturday prior to the miJrder and that she had been
at the house with her father on Thursday. She said she had gotten there in the aftemocin on
Thursday and her dad helped her with the lalll).dry and her dad helped vacuum and sweep.
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Sanutti was then asked about Indian wrestling because Franklin claimed that he would
Indian wrestle with Spencer. When asked whether she knew about Franklin and Spencer Indian
wrestling; she responded, ''No. I don't think rny dad and Frank interacted."
Sanutti then gave a timelioe of where she was between Saturday and Tuesday (June 30-
July 3, 2012). She said she saw Spencer at the baseball game and it was .the last time she ever
saw him. Sllllday she said she went on a boat. Monday she again was at a baseball game. And
Tuesday, she took her relatives home to Philadelphia. She said that she did not stay at the
Fairview Drive home on either Sunday or Monday.
Sanutti testified that, at the baseball game on Saturday night, R.R. made rnd.e comments
about her and then asked Spencer, ."Are you brave enough to run by her." Spencer came running
by and laughed as he went by. She testified, "But it made me mad. I mean, it was just
disrespectful." She said 1hat she texted Spencer and he texted back th.at he was sorry. She said
that Spencer then crune up and sat beside her.
Sanutti then testified that "I never talked bad about Frank." She then went on to claim
that; when she was cleaning, she found cocaine in tlie bathroom. When Spencer did not show up
at the baseball game on Monday, she testified that she was texting Spencer that he had missed his
son's baseball game because of drugs.
'
Sanutti testified that, on Tuesday, her children were getting texts that their father was
hurt, so they headed home from Philadelphia. She said she drove to the junkyard and that Cpl .
. Williams said things about her and Spencer having a rotten relationship and that he has been
shot, where were you? She then claimed he asked C.S., "So what do you think about your dad
getting shot by your mom?" She then went on to say that Cpl. Williams showed up at her house
on Father's Day (2013).
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Sanutti then testified that, in the last year and a half prior to Spencer's death, they kept
arresting her for everything. That explanation was offered by Sanutti to explain why she would
not talk to the PSP after Spencer's body was discovered. She also stated, "They cornered me in.
They wouldn't let me back out my car. They were yelling at me." "They're just tenible to deal.
with. So then Ile ft." .
Sanutti was asked if she ever threatened to burn down Reed's hoie. _She answered "No,
not at all," She was tl;ien asked whether she ever threatened to kill him or have him killed. She
Sanutti was asked about the burglary of the business records from the Millville Road
home. She discussed waking up at her mother's home and finding a trash bag filled with
. Spencer's records betWeen the screen door and the front door of the house. She said "Oh, I know
whoever did it did it as favor to me, yeah. 'i'hey stole Frank's bank records so I could do better
in the divorce hearing, without a doubt."
Sanutti was then asked why none of her relatives would cooperate . when contacted
regarding Spencer's murder. She stated, "I'm not aware that you tried to talk to any of my
relatives. If you need to talk to any of my relatives, just ask me and they will do as I ask." She
was then asked about the PSP's efforts to serve a subpoena for Anthony Rocco Sanutli, Jr., at
703 Picnic Lane. She said,. "You had a subpoena for the wrong brother that was there."
Sanutti was then asked about her conversation with R.F. subsequent to Spencer's murder.
She testified, "I did speak to [R.F.) about wearing Frank's clothes in front of my kids. They got
really upset about it." When asked whether she had told R.F. that she had a message, tell your
aunt not to move into the new house or that will be burnt to the ground, she responded, "I would
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never say I was going to burn down my children's house." "No I never s a i d ~ I mean, this is
getting ridic).!lous."
Sanutti was asked i:t; while employed at the Human Relations 8ommission, she would
talk about how she was going to kill Spencer. She responded "At my job'/". "Oh God, 110."
Sanutti was asked and denied having any knowledge that her father, Franklin, had made
an anonymous call to the PSP after the fire at the Millville Road home. She then desctibed that
Spencer was thrilled after the fire. "He was jumping up and down, gave me the biggest kiss. He
was so thankful." She then stated "you can go ask [L.Y.]" She then went on to blame that fire
on either Mrs. Spencer or Spencer.
San11tti was then asked whether she dated prior to the divorce. She said "I was faithful to
Frank for a long time." "It was 2008 I think I started to. date." She was then asked about S.C.
She said "Even though he was young, we kind of had like this friendship." "We would just kind
of hang out." She was then asked if she had a physical relationship with S. C.. She responded,
"No, not with [S.C:]. No. He makes me feel old. He's young." She later stated, "We're still
friends." Much later in her testimony she chat1ged her testimony and stated, "I slept with [S.C.]
::
like eight months ago." "Only one time." "When Frank was alive, no, I never slept with [S.C.].
I slept with [S.C.] after Frank died."
Sanutti was then asked about the incident at the soccer gatne and whether she was under
control. She responded "Oh yeah. I'm the coach of the soccer team." She then said about Dent,
"She had the impression that I was chasing him, I was stalking him. I think he did that to a lot of
women, iny crazy-ass wife is stalking me ... " When asked directly whether she had admitted.to
burning Spencer's house down and threatening to burn Dent's home, she responded, "Oh, that's
SS
ridiculous. It didn't happen. I'm telling you right now I never said anything about burning
anybody's house down."
Sanutti then testified, "Frank Spencer was never going to leaveme. He needed me. He
loved me and needed me." She went on to say, "But Frank Spencer wasn't going to leave me
and I never worried about it ever.'' Sanutti was then asked, if Spencer was not going to leave
you, then why did he send the no trespass letter just days prior to his death? She responded, "He
did send me a certified letter saying don't come to the house." She went on to say "That letter
didn't mean anything more to me than the ten other ones I had gotten." Sanutti claimed ihat,
even though they were now divorced and Spencer had sent the no trespass letter, things were still
. good between them.
Sanutti was then asked whether she had told K.Y. that she had to get her dad to stop
talking about shooting people in the head. She responded "Oh, my God, no." She denied ever
saying anything like that.
Sanutti was ihen asked about a posting that she had put on Facebook. The posting was on
Augnst 12, 2013, at 6:15 p.m. The posting reads as follows:
"I went back to my church, St. Columbus in Bloomsburg. I
had a meeting with the father. I explained to him it's been a
while since we went to church but I ihought my children
could benefit. I told him that my children and .I cortld use
some guidance and support. I would also like my children to
join their youth program. It's been a ve1y stressful year for
all of us. They lost their father and their home and I'm very
ill. This is what he said to me. "I think it will be better for
everyone if you waited a couple of years until the turmoil
and publicity settle down. I'm sure that you can understand
our position" It will be a long time before I go back again.
Thankfully, I have family, friends.''
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: ...;_;:i. ::,:; ::.,;1
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' - I
When asked about this, Sanutti responded, "A lot of people thought it was really recent.
It wasn't." "It was two years ago, maybe three years ago.'' She was told that she posted it on
August 12, 2013, and that she was referencing Spencer's death. She was then asked whether she
was predicting Spencer's death before it happened. She then said, "I wrote it at like 4:00 a.m. in
the morning.'' She was told it was posted at 6:15 p.m. Sanntti then said, "It did not happen in
the last two years and it's a different priest.'' She was then asked again why she was referencing
Spencer's death .if she talked to a priest three years ago. Her response was, "I don't know.
Because it did happen."
Sanntti then testified that "I put the divorce papers through, not him." She stated she
signed off on the divorce in May. She said, "Yes, I finally did and when I decided to. He didn't
decide to divorce me. He would have dmg this out."
Sanutti also was asked and denied leaving a note in one of Dent's Christmas cards. She
was then asked if she was shocked by Dent's fire. She responded "I laughed.'' "I laughed
because they said she had to cliinb out her window in her bra and underwear."
Finally, Sanutti testified, "My husband had a mental illness and I loved him. I wasn't
going to leave him and he wasn't going to leave me. And this is ridiculous.:'
. It is submitted that Sanutti lied during her testimony in response to certain important
questions.
What follows is a brief attempt to address only a few of her purposeful misstatements:
Multiple witnesses and their testimony was contrary to Sanutti's claim that
Spencer was happy about the fire at his home. Their testimony was in direct conflict with
Sanutti's testimony. Sanutti had testified that law enforcement should ask L.Y. about $pencer
being happy about his house blllUing down. Cpl. Williams did contact L.Y., who said that the
57
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idea of Spencer jumping up and down because he was happy that his house bumed down was the
craziest thing he had ever heard.
Mrs. Spencer explained there had been a small prior fire at 1394 Millville Road and that
the damage caused by that fire had been quickly repaired.
Cpl. Williams testified that there was no evidence from cell phone text records that
Spencer ever responded to Sanutti's text while at the baseball game on June 30, 2012. Nor is
there any evidence that she texted Spencer on July 2, 2012, when .he did not show up for the.
baseball game.
Cpl. Williams testified and disputed Sanutti's claims about what occurred at the junkyard
on July 3, 2012, and her claim thathe came to her house on Father's Day in2013.
There is no evidence that Sanutti was ever anested after December 2009.
Anthony Rocco Sanutti, Jr., testified that he was in fact at the house when the PSP tried
to serve his Grand Jury subpoena. He expfained that he evaded service of his subpoena and as a
result ended up at the Dauphin County Prison.
S.C. testified and was very clear that he and Sanutti had an ongoing sexual relationship
that preceded Spencer's death. When contacted regarding her testimony that they ha:d sexual
intercourse once, he laughed.
Cpl. Williams looked intoSanutti's Facebook posting. Her claim is vehemently disputed
by Monsignor Lawrence of St. Columba church in Bloomsburg. He advised Cpl. Williams that
no such conversation ever pccurred.
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