Just days before Halloween, in 2009, Aaron Fisher decided to watch some adult movies. Instead of turning to his girlfriend for relief, he raped his five-month-old daughter. Fisher admitted his crimes to Miller County, Mo., sheriffs that night, and later plead guilty to two counts of sodomy in 2014.
Case Closed, Right? Wrong.
After going through multiple lawyers, continuances, plea changes and two judges who recused themselves, Fisher’s lawyer sued for his constitutional right to a speedy trial, and won, according to Raw Story. The problem with this decision is twofold.
Matt Howard, the former Miller County prosecutor who initially handled the case, said while he asked for continuances due to “scheduling conflicts,” Fisher and his lawyer “did not object.” Instead, they asked for the bulk of the delays.
The other problem is that Judge Patricia Joyce let Fisher walk even after Fisher waived his right to a speedy trial, according to documents uncovered by Lake Expo.
Playing The Continuance Game
Fisher was supposed to stand trial in January of 2011, according to Lake Expo, but his attorney dragged out the case.
- “Only two available judges” meant the next available trial date was Sept. 2011.
- Fisher’s lawyer filed for a speedy trial, which was granted, and a new date was set for May 2011.
- Fisher’s lawyer filed for a continuance in Feb. 2011, claiming the May date was “too soon.”
- Fisher’s attorney had “some unexpected personal circumstances,” and the court granted even more continuances.
Howard said he was “ready to prosecute” but that “those delays… led to Fisher’s freedom.”
Fisher changed his plea to guilty on July 28, 2014, in the Miller County Circuit Court, presided over by Judge Ken Hayden, in exchange for no new charges. The two sodomy charges warranted a life sentence.
Fisher was supposed to be sentenced two weeks later, but changed his plea to not guilty yet again, according to Raw Story.
A Rapist’s Actions Don’t Matter
Fisher told police the exact gruesome details of the sexual and physical assault he subjected his daughter to, and they rightfully arrested him on two counts of sodomy. Fisher was denied bond, according to KRCGTV.
At the same time, Fisher’s daughter clung to life with blunt force trauma injuries in addition to the sexual assault. According to Lake News, she was transferred to:
“University of Missouri-Columbia Hospital, where she underwent emergency surgery. The infant was bleeding internally, had sustained a head injury and had several broken bones.”
According to Lake News Online, Rep. Rocky Miller is calling for an investigation into the Judge’s decision to let an admitted rapist go free:
“This appears to be the height of incompetency for a Circuit Court Judge in Missouri, and I will be reviewing her performance to verify that it has risen to the level of impeachment.”
Fisher lived in his mother’s house with his two-year old. The kicker? Fisher’s own mother ran from her own home after Fisher allegedly assaulted her, too.
The prosecutor says Fisher should not be free; the law states criminals cannot profit from their crimes. Whether the judge made an egregious error in judgement, or was incompetent, has yet to be determined.
Featured image by Jefferson City Correctional Facility courtesy of KRCGTV, available under a Creative Commons Attribution-Noncommercial license.
