MILLER COUNTY, Mo. — Aaron Michael Fisher is a free man, after admitting he forcibly sodomized his five-month-old daughter in 2009.

On Friday, Oct. 23, the case against Fisher—who was charged with two felonies for forcible sodomy of a child—was dismissed by Cole County Circuit Judge Patricia Joyce. She agreed with Fisher’s defense attorney that the confessed rapist’s Constitutional right to a speedy trial had been violated, and after six years of legal proceedings, he walked free.

“I have never in all my life seen such a horrible decision by a judge,” said Ben Winfrey, Prosecuting Attorney for Miller County.

Winfrey says he was only informed of Friday’s decision via email, and suddenly had to scramble to help ensure the family’s safety. He contacted the family, and met with the county sheriff’s department and Kids Harbor. The family is receiving an emergency order of protection as a result. Regardless, Winfrey said, “[Aaron Fisher] is free. He is out in the community now, as far as I know.”

When Fisher was first arrested in October of 2009, the text on the warrant read, “NO BOND ALLOWED!!! DEFENDANT IS DEEMED BY THE COURT TO BE A DANGER TO THE COMMUNITY DUE TO HIS ACTIONS.”

In July of 2014, then-Miller County Prosecutor Matt Howard announced Fisher had pleaded guilty to committing two counts of forcible sodomy against his own 5-month-old infant daughter on Oct. 27, 2009, while the child was left in his care at their Brumley-area home. The infant was brought to the Lake Regional Emergency Room with horrific injuries. Medical staff with the Lake of the Ozarks area Sexual Abuse Response Team (SART) summoned local law enforcement after observing signs of apparent physical and sexual abuse. The child was transferred for emergency treatment to the University of Missouri-Columbia Hospital due to internal injuries resulting from the sexual assault, and an apparent skull fracture and broken bones.

The case was mired in continuances and rescheduled trials for several years, before it landed in front of Patricia Joyce. Winfrey laments the case ever made it that far, arguing it should have been tried years ago.

Fisher was arrested in October of 2009. He filed a motion for a speedy trial on Feb. 22, 2011, and a jury trial was scheduled, cancelled and rescheduled multiple times due to requests for continuances—many of which were made by Fisher, Winfrey pointed out. In July of 2014, Fisher pleaded guilty.

Fisher admitted his guilt—Winfrey points out the confession was recorded—but at the sentencing hearing on Nov. 21, 2014, he changed his mind. He said he no longer remembered anything about the incident, Winfrey explained, and Circuit Judge Kenneth Hayden allowed the plea to be set aside. The trial was cancelled, and the case was handed to Circuit Judge Stanley Moore. Moore had dealt with child custody proceedings related to the case, so two weeks later, he recused himself. So it went before Patricia Joyce.

Of Joyce’s decision to grant Fisher his freedom, Winfrey said, “I’m just livid.” He pointed out a speedy trial motion is “open for the court’s interpretation,” and said Joyce did not give any reason for her decision in the notice he received about it. “It was like two lines… in an email,” he said, incredulously, adding Joyce never heard the evidence in the case.

“There’s nothing I could [have done] differently,” said Winfrey, who defeated the former prosecutor, Howard, in 2014’s elections. “We filed our response to their motion. We argued against it. We only had the one trial date in November and we were ready for trial.”

But now that the case has been dismissed, Winfrey’s options are limited. “It is done,” he said plainly. “I can’t re-file.”

The only option remaining is an appeal, which he pointed out is an uncommon move for prosecutors. Winfrey confirmed he has already spoken with the state Attorney General’s office, and will push the appeal as far as he is able. “I’m appealing it,” he said. “There’s no way it can end this way.”

“I will work night and day to get justice,” he said. “I want people to know that we’re continuing to fight this. We will not let it end this way.”


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