Leon Circuit Judge Tiffany Baker-Carper recused herself from the murder trials of the man and woman charged with the murder of 5-year-old Missy Mogle — an explosive case in which the judge herself became a focal point.
In an April 27 order, Baker-Carper recused herself from the trials of Missy’s stepfather, Daniel Spencer, and mother, Chloe Spencer. Both Spencers are charged with first-degree murder and face the death penalty.
Monticello attorney Charles Collins, who is representing Chloe Spencer, filed a motion April 9 to disqualify Baker-Carper as the presiding judge because of a decision she made in a related criminal case that left Daniel Spencer free on bond weeks before he allegedly killed Missy.
Missy died May 19, 2025, after suffering what police and prosecutors described as violent child abuse, hours of which was caught on nanny cam, at her Southwood home. Her mother and stepfather were arrested later that day.
Just weeks earlier, Daniel Spencer was convicted of traveling to meet a minor in an otherwise unrelated case in which Baker-Carper was assigned. After he was found guilty, she decided to let him remain free on bond before sentencing, noting he had been out of jail for a year without issues and had no violent history.
That ruling led to passage of Missy’s Law during the regular legislative session and more recent calls by Gov. Ron DeSantis and Attorney General James Uthmeier for Baker-Carper’s impeachment.
Charles Collins, a Monticello lawyer representing Daniel Spencer, noted the controversy in a motion to disqualify filed about a week after DeSantis first mentioned impeachment during a Tampa event in which he signed Missy’s Law.
“The trial judge’s decision to allow the defendant to remain out of bond while awaiting sentencing has become a ‘hot’ topic in the local and national news,” Collins wrote in the motion. “Due to these circumstances, the defendant fears that he will not receive a fair trial from the current trial judge.”
Baker-Carper granted the defense motion in a short-one page order signed in chambers. She also recused herself from Daniel Spencer’s traveling to meet a minor case, which saw sentencing paused indefinitely after Missy’s murder.
“It is requested that the chief judge re-assign the cases to another judge for further consideration and disposition,” Baker-Carper wrote.
Her supporters, including the Florida Association of Criminal Defense Lawyers and a number of bar associations, say Baker-Carper became a scapegoat after Missy’s death and that prosecutors failed to inform her of earlier allegations of abuse by Daniel Spencer that were dropped after investigations by the Florida Department of Children and Families and Tallahassee police.
Baker-Carper was among three judges serving in Leon County who were automatically re-elected on April 24 after no one filed to run against them before the end of the judicial qualifying period.
Contact Jeff Burlew at jburlew@tallahassee.com or 850-599-2180.
This article originally appeared on Tallahassee Democrat: Judge in Missy Mogle case recuses herself from murder trial
Reporting by Jeff Burlew, Tallahassee Democrat / Tallahassee Democrat
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