MILLER COUNTY, Mo. — On July 28, 2014, Aaron Michael Fisher, 25, pleaded guilty to two counts of forcible sodomy of his five-month-old child. But those pleas were voided and set aside on Friday by Judge Ken Hayden in Miller County Circuit Court.
The case had been scheduled for final sentencing, and after hearing emotional victim impact evidence and argument from the prosecution and defense, the court questioned the defendant about statements he made during preparation of a pretrial investigation report.
The judge noted that a court is responsible for assuring that a guilty plea has been knowingly and voluntarily given and is supported by a sufficient factual basis. The later statements made by the defendant were inconsistent with his testimony to the judge during his guilty plea hearing. As a result, the judge set aside the previous proceedings, re-entered the defendant’s not guilty pleas, and ordered that case be re-set for trial before a different judge.
Miller County Prosecuting Attorney Matt Howard, who had charged Fisher with the crimes—which carry a mandatory sentence of life imprisonment—said the day’s proceedings caught everyone off guard. He noted that while he understood the court’s ruling, he was extremely disappointed that the case could not be concluded because of the emotional toil that the case has had on the victim’s family.
After setting aside the guilty pleas, Judge Hayden ordered the case re-set for a pre-trial appearance before Division 1 Circuit Judge Stan Moore at the next regular Miller County Law Day on December 3, 2014.
