Michael Hudson appeals murder conviction

A Milton man serving life in prison for the shooting death of his 19-year-old son is taking steps to overturn his conviction.  Michael Hudson claims he did not receive a fair trial because of one witness’s testimony.

Police found the body of Hudson’s son, Spencer Ashing, under a piece of tarp and a pile of tree limbs in Hudson’s backyard, March 26, 2010.  Ashing was naked, and his body was partially decomposed and covered in lime.

In earlier testimony, Hudson, 59, admitted killing Ashing nearly two months before the body was found.  Hudson claimed self-defense, and said Ashing was holding a baseball bat and threatened to beat him. Hudson testified he shot his son four times in the living room of their home.

Judge Richard F. Stokes sentenced Hudson to life in prison, Aug. 19. Stokes told Hudson his claim of self-defense was phony.  Stokes said Hudson deserved the maximum punishment for his crime.  “Anything less would be injustice,” he said.

Santino Ceccotti, appellant attorney for the Public Defender’s Office, filed a June 11 opening brief, appealing Hudson’s conviction and sentence.  Ceccotti claims Stokes should have declared a mistrial after a state witness made hearsay statements on the stand, which compromised Hudson’s right to a fair trial.

On June 6, 2011 John Keith Fleming, a long-time friend of Hudson, was the first witness to testify as part of the state’s rebuttal witnesses.  Fleming testified knew Hudson for more than 40 years and watched Ashing grow up.

Fleming recalled an incident at Hudson’s home when Hudson yelled at Ashing, “I’ve told you and told you and told you.  I could kill your little ass.”

Fleming said he asked Hudson what had made him so upset, and Hudson told him Ashing had clogged the toilet.

“Spencer was always a gentleman with us,” Fleming said.  “I never had a problem with Spencer.”

After Ashing’s disappearance in February 2010, Fleming said he stopped by Hudson’s home and noticed 4-foot-wide pieces of clear plastic covering the entire living room.  Fleming testified he made a joke about Hudson using the plastic to cover a dead body.  Hudson told Fleming he did not want to get mud on the carpet.

According to Hudson’s appeal, the prosecutor asked Fleming what he told a state police detective about the incident.  Fleming answered the question, but unexpectedly went on to testify that the detective told him, “Well, you are probably lucky to be alive.”

Stokes instructed the jury to completely disregard the comment, Ceccotti wrote.  “However, the court denied the request for a mistrial,” Hudson’s appeal states.

Ceccotti argues Hudson’s right to a fair trial was violated by the witness’s misconduct.  “The witness’s improper reference to being lucky to be alive injected into the trial the assertion that Mr. Hudson was capable of intentional murder, which was the central issue at trial,” Ceccotti wrote.

According to the appeal, Stokes should have granted the defense’s motion for a mistrial and begun anew.  “Hudson’s conviction and sentence must be reversed,” the appeal states.

Prosecutors from the Attorney General’s Office will likely issue a response to the appeal in the coming months.