MILLER COUNTY, Mo. — Aaron Fisher is a violent man, Judge Jon Kaltenbronn said Wednesday. Those words came as Kaltenbronn denied a bond reduction for the former Brumley resident who admitted to raping his infant daughter.
Fisher is now charged with Assault, after escaping the rape and sodomy charges—accusations to which authorities say he confessed on multiple occasions—thanks to a judge's ruling that his right to a speedy trial was violated.
Fisher was charged in Miller County with Assault earlier this month, and was arrested a week later in the area of Bowling Green, Ohio. Bond was set at $100,000, cash-only.
On Nov. 30, 2016, Kimberly Kollmeyer, Defense Attorney for Aaron Fisher, argued before Judge Kaltenbronn in a Miller County courtroom that Fisher deserved a reasonable bond amount. Kollmeyer pointed out that the current charge of Assault in the First Degree {Felony A RSMo: 565.050} issued from the same Probable Cause as the previous charges against Fisher, which were dismissed. Kollmeyer requested $25,000 bond, stating that Fisher currently has a job and a home out of state.
Miller County Prosecuting Attorney (PA) Ben Winfrey argued the State was adamantly opposed to a low bond amount. Winfrey argued the higher amount was appropriate in order to assure an appearance by the defendant in court to answer the charges. Winfrey further argued that due to the nature and severity of the alleged crime, the weight of the evidence in that Fisher confessed, the defendant’s current lack of ties to the community, and the defendant’s employment being unspecified, the State believes Fisher poses an extreme flight risk and there is danger to the victim. Winfrey further stated the victim's adopted parents had asked for the higher bond amount.
The judge stated the he believed Fisher to be a violent man and the court’s ruling would be to deny the defense's request. That decision keeps the bond set at $100,000 cash only.
The Court next took up the Motion for Change of Venue. The specific points in Fisher’s motion are that the current charge of Assault in the First Degree flows from the same circumstances and events as the previous case against Fisher that has been dismissed. The dismissal was affirmed by the Missouri Court of Appeals. Further, that the previous case was widely broadcast through several media sources and the result was that Fisher and his family have received death threats.
Also, Kollmeyer argued Fisher's safety would be in jeopardy in the Miller County jail or any other jail within the 26th Circuit. She also contended it would be impossible to find a fair and unbiased jury in Miller County or any other area of the 26th Judicial Circuit, pointing out that a protest movement has begun on Facebook.
Defense counsel stated that she and PA Winfrey had discussed possible venues for the trial but no firm conclusion had been reached at this time. Kollmeyer said she preferred a Kansas City or St. Louis court setting but that PA Winfrey suggested Springfield as Green County would be far enough removed to satisfy the defense counsel’s concerns.
Judge Kaltenbronn stated he thought Laclede County would satisfy the various issues as the jail would be more secure for the defendant, and Laclede was in a different media market so the news coverage would be less likely to have affected the selection of a fair jury pool. The Court assigned the case to Laclede County. Judge Kaltenbronn did stipulate that the preliminary hearing and any further motion hearings would take place in Miller County for convenience but the trial would be assigned to Laclede. The judge did advise the defense counsel that Fisher would be able to take the matter of venue up with the trial judge at such time as the defendant is bound over for trial.
Kollmeyer stated the defense waived arraignment at this time since Fisher was not in the courtroom for the motion hearing. The Court set a case review in the matter for December 12, 2016. This review will take place in Miller County.
During the arguments before the court there were multiple deputies present in the courtroom and other were in the halls of the courthouse. Security seemed to be higher than normal on this day. Defense counsel Kollmeyer declined to speak to LakeExpo about the matter. PA Winfrey declined to be interviewed and immediately went into a conference with the victim’s family.
