West Fargo man accused of killing wife opposes potential Zoom testimony of children (2024)

WEST FARGO — Prosecutors in the case of a West Fargo man accused of killing his wife in August 2023 are asking the court to allow his two children to testify without having to face their father in the courtroom.

Spencer Moen, 32, was charged in Cass County District Court with the murder of his wife, 30-year-old Sonja Moen.
A jury trial is set to begin Oct. 15, nearly a year to the date he pleaded not guilty to a AA felony charge that he intentionally or knowingly caused the death of his wife or willfully caused her death under circumstances manifesting extreme indifference to the value of human life.
He also faces a misdemeanor charge of contributing to the deprivation or delinquency of two minors.

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On Friday, Oct. 4, Spencer Moen appeared in Cass County District Court, handcuffed and wearing a Cass County Jail jumpsuit. He has remained in jail since he was arrested and charged.

Spencer Moen called police on Aug. 10, 2023, to say his wife had slept in the bathtub the night before and was unresponsive, according to court documents. She was later pronounced dead by first responders. The couple's now 6-year-old children were home at the time of their mother's death and both have been receiving treatment for trauma-related illnesses such as post-traumatic stress disorder, according to court documents.

Two therapists, one for each child, said Friday in court that they recommend the children do not testify in front of their father.

Assistant Cass County State's Attorney Renata Olafson Selzer said the children's testimony might not be entered at trial, but in the event it is, a ruling on how the children would be allowed to testify was needed. Selzer proposed the children testify by Zoom, which would then be aired in the courtroom or the children could testify in the courtroom with Moen in another room, not visible to the children.

Richard Varriano, Moen's attorney, opposed not allowing the children to see their father at court, citing a defendant's legal right to face witnesses at trial and a concern that the children's grandmother, Sonja Moen's mother, has influenced the children. The children have been living with their grandmother since Sonja Moen's death.

"I'm sure she has contaminated both kids," Varriano said Friday. He also questioned if the children are competent to testify in court.

"Our position is they are probably not competent to testify," he said.

Varriano said if the judge finds the children competent to testify and grants the prosecution's request to do it without facing Moen in court, then they would prefer the children do so live in the courtroom with Moen leaving the room. Prosecutors noted that separating Moen from his attorney during witness testimony could infringe on his trial rights.

Cass County District Court Judge Nicholas Chase said he had concerns about the protocol of a Zoom testimony and would like additional process details from the prosecution. As the clock neared 5 p.m. Friday, Chase asked attorneys to schedule an additional hearing on the matter for next week before he makes a ruling on the motion.

Found in bathtub

On Aug. 10, 2023, responding officers found Sonja Moen dead, her body fully clothed in the bathtub with significant bruising on her face, and both of her eyes appeared to be swollen shut. Officers also found bruises on the backs of her hands, which appeared to be defensive wounds. The police report also noted bruising in the area of Spencer Moen's right knuckle.

During an interview with police, Spencer Moen said he and his wife were both intoxicated the night before. He had been golfing in Mapleton during the day and she had picked him up. He said when they arrived home she tripped and fell. He admitted that they later got in a physical altercation during which he punched Sonja multiple times.

A video on Spencer Moen's phone taken at 11:37 p.m. Aug. 9, 2023, showed Sonja Moen lying in the bathtub in the opposite direction of the position she was in when first responders found her, according to court documents. She appeared to be having extreme difficulty breathing and exhibited a sound similar to snoring in the video, a sound an investigator noted was consistent with "agonal breathing," which happens when someone is not getting enough oxygen and is gasping for air.

Court documents noted Spencer Moen did not make any attempt to intervene or provide care to his wife while filming the video.

A preliminary autopsy found Sonja Moen suffered from a subdural hematoma and died from blunt-force trauma to the head. She also had at least one fractured rib.

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If found guilty of the murder charge, Spencer Moen faces a maximum of life in prison without parole.

Prosecutors and Varriano said they are prepared for the jury trial to begin as planned on Oct. 15.

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West Fargo man accused of killing wife opposes potential Zoom testimony of children (2024)
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