Spencer was an intern and then an employee for the PHCA. He was very dedicated to the mission and was great with the kids. Spencer was never a board member. When Wood County charged Jason and stated that all of the money from Visalus had to go the the PHCA, it was strange. Was it really their theory that the board of directors was able to order an employee to sign up personally as a distributor of a product so their organization could profit? Observe how many times he mentions Visalus relating to Jason and not a single time about the board.
Pg. 365 Prosecutor Channa Beard “So, Jason helped you on the golf tournament?” Moody “I mean, he came to the center to help us with the kids. He was with Visalus. That was my daily we had come across, really, just kind of helping us with ideas to raise money.” Beard “Okay. And so can you explain how that was purchased or that kind of operated?” Moody “Sure, From what I remember, when we started out it was some through me, Jason, and Stephanie. I don’t remember how exactly the sales worked. For the most part I tried to help, but I wasn’t good at that. I don’t know how much Stephanie was involved with it either. I know Jason did a lot with it, or Harold.” Beard “Jason is fine.” Moody “Okay, but for the most part sales were taking place there. I don’t know if there was anything online. I don’t really recall at this time.” Beard “So explain your involvement with the Visalus. How were you involved in it?”
Spencer “I got commission checks from selling it. Again I don’t really remember selling to much of it. I know Jason helped with a lot of it, whether it was under my name, his, or the centers. I’m not exactly sure. But I would get commission checks about. I think, three or four checks total.” Beard “So when the commission checks would come in what would happen to them?” Moody “I would get them, turn them over to Jason because he was the treasurer. I don’t know. I’m pretty sure from what I’ve seen those went to Jason. I thought they go to the center too, but I don’t recall exactly.” Beard “Okay. So they either went to Jason or the center, you weren’t quite sure?” Moody “Right, From my ledger that I have at home it just said I wrote a check to Jason.”
Spencer was right, he wrote the checks to Jason or Kristie and they, as with Stephanie, would order more Visalus.
Pg. 367 Beard “Can you tell the jury what it is, that top right check on States exhibit 25-U is?” Moody “I am pretty sure that would have been a commission check from Visalus that I paid to — it says Kristie but I know it was going back to Jason.”
Still trying to put together the theft by “going beyond the consent of the owners” part. Did Wood County Investigator Doug Kinder investigate anything? Nope. More proof later.