Aaron Fisher, who now faces a felony assault charge from an alleged sodomy incident of a 5-month-old girl in 2009, waived his right to a preliminary hearing Wednesday.
During a rescheduled case review, Fisher appeared in custody to waive his right to a preliminary hearing. The case review was originally set for Dec. 12 at the Miller County Courthouse in Tuscumbia, despite an earlier change of venue to Laclede County.
Miller County Prosecuting Attorney Benjamin Winfrey filed a motion of habeas corpus Dec. 9. However, Fisher was unable to make the case review in time, according to a representative from the Miller County Circuit Clerk's Office. Circuit Court Judge Jon A. Kaltenbronn continued the case review to Wednesday at the Miller County Courthouse.
Kaltenbronn also transferred the case over to the circuit court. No trial has been scheduled at this time.
Fisher was previously charged with two counts of forcible sodomy but was released by judge's order in 2015 after arguing his rights to a speedy and fair trial were violated.
On Oct. 28, 2009, former Miller County Prosecutor Matt Howard charged Fisher, then 21, of Brumley, with two counts of forcible statutory sodomy involving a 5-month-old girl.
Conviction of the crime carried a punishment of life in prison without the possibility of parole. Fisher never was brought to trial in the case.
In February 2011, Fisher submitted his own handwritten "Motion for Speedie Trial."
On July 28, 2014 - almost five years after he was charged - Fisher pleaded guilty to two counts of statutory sodomy. But that plea was set aside that Nov. 7 with the appeals court panel noting it was "based on Fisher's statements to the Sentencing Assessment Report writer regarding the commission of the crimes, where Fisher told the writer 'I know I did it, but I honestly don't remember.'"
After Miller County Circuit Judges Stan Moore and Kenny Hayden recused themselves from the case, the Missouri Supreme Court in January 2015 named Cole County Circuit Judge Pat Joyce as special judge in the case.
Joyce set a new trial date of Nov. 23, 2015, but Fisher's public defender, Jason Emmons, asked the judge to dismiss the case because it had taken so long.
In a four-page, Oct. 27, 2015, order, Joyce agreed, ruling "the State has failed to bring (Fisher) to trial without any reason."
The state appeals court held up Joyce's decision last month.
Amanda Holtmeyer, Attorney General Chris Koster's spokeswoman, told the News Tribune their office is "reviewing the ruling." An appeal to the state Supreme Court is among the options available, should the attorneys decide to challenge the 14-page appeals court decision.
On Nov. 16, Winfrey filed a new felony assault charge against Fisher for the October 2009 attack on the then 5-month-old girl.
A Sept. 8 probable cause statement reported Fisher had admitted to Miller County law enforcement officers he sodomized the infant and also said the infant "wouldn't stop crying after he sodomized her, so he hit her in the head with his fist as hard as he could." The statement said Fisher told investigators he wanted the infant to die.
Fisher had been living in Ohio since his release last year.