An arraignment has been scheduled for next month in the case for Aaron Fisher, who now faces a felony assault charge from an alleged 2009 sodomy incident with a 5-month-old girl.
Newly appointed 26th Circuit Court Judge Peggy Richardson set the arraignment for 9 a.m. Jan. 20 at the Laclede County Courthouse in Lebanon, where proceedings in this case will be held after a change of venue in November.
Despite the change of venue, a case review was held Dec. 21 at the Miller County Courthouse, where the assault charge was filed. Fisher appeared in custody with his attorney and waived his right to a preliminary hearing. No trial date has been set.
Fisher was charged originally in October 2009 with two counts of forcible statutory sodomy involving a 5-month-old girl. He was 21 and a resident of Brumley at the time. In July 2014, almost five years after he was charged, he pleaded guilty, but the plea was set aside in November 2014 based on Fisher's statements to the sentencing assessment report writer that "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 the special judge in the case. Joyce set a trial date for Nov. 23.
In September 2015, Fisher's public defender, Jason Emmons, asked Joyce to dismiss the case because it had taken so long. In October 2015, Joyce agreed, ruling "the State has failed to bring (Fisher) to trial without any reason."
On Nov. 22, the Missouri State Appeals Court upheld Joyce's decision to dismiss sodomy charges against Fisher last year because the man had been denied his constitutional rights to a "speedy trial." On Dec. 20, the Western District of the Missouri Court of Appeals overruled and denied a motion to rehear the case.
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 reports Fisher had admitted to Miller County law enforcement officers he sodomized the infant and 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." Fisher also told investigators he wanted the infant to die, the statement said.