Cole County Circuit Judge Pat Joyce correctly dismissed sodomy charges against a Miller County man last year, the state appeals court in Kansas City ruled Tuesday, because the man had been denied his constitutional rights to a "speedy trial."
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 Tuesday's 14-page appeals court decision.
On Oct. 28, 2009, then-Miller County Prosecutor Matt Howard charged Aaron Michael 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's arrest warrant included a note that no bond was to be allowed because officials believed he was a danger to the community.
But Fisher never was brought to trial in the case.
In February 2011, Fisher submitted his own handwritten "Motion for Speedie Trial."
Writing for the appeals court's three-judge panel, Judge Anthony Rex Gabbert noted: "The right to a speedy trial is guaranteed by both the Sixth Amendment to the United States Constitution and Article I of the Missouri Constitution. The protections of the Sixth Amendment attach when there is a formal indictment or information or when actual restraints are imposed by arrest and holding to answer a criminal charge."
The court also wrote: "It is the responsibility of the State to bring a defendant to trial speedily."
The appeals court ruled Tuesday: "The exclusive remedy for the deprivation of this right is the dismissal of the charges with prejudice," meaning the charges cannot be refiled at a later time - which is what Joyce did a year ago.
The appeals court also noted: "Missouri courts recognize that a delay of greater than eight months is 'presumptively prejudicial'" to a defendant's right to a speedy 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 on Nov. 7, 2014, as though it never had occurred, and the appeals court panel noted the guilty plea was set aside "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 Joyce to be the special judge in the case.
On Sept. 9, 2015, new Prosecutor Ben Winfrey asked for a new trial date, which Joyce set for Nov. 23.
But in mid-September 2015, Fisher's public defender, Jason Emmons, asked Joyce 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."
She also wrote, after Fisher's February 2011 speedy trial motion, "The former Prosecuting Attorney (Howard) had five jury trial settings. No record was made to protect or address the rights raised in (Fisher's) motion for a speedy trial.
"The Court cannot conclude that the defendant's right to a speedy trial was considered."
The attorney general's office represented Winfrey in the appeal, arguing there was no speedy trial violation as a matter of law, Fisher caused a significant portion of the delay, any delays attributable to the state do not weigh heavily against its case, and Fisher suffered no actual prejudice from the delay.
The appeals court disagreed.
"It is undisputed that Fisher was incarcerated for 2,186 days. He was denied bond based on the severity of the charges and, therefore, was not afforded the option of being released on bail during the six years of his incarceration," Gabbert wrote for the court. "There is no explanation provided by the State as to why Fisher was not brought to trial at any time between September 12, 2012, and July 17, 2014, a delay totaling over 600 days."
In its conclusion, the appeals court's 14-page ruling said: "Fisher suffered a violation of his Sixth Amendment right to a speedy trial and the motion court (Joyce) correctly ordered the dismissal of his charges with prejudice.
"The six-year delay between Fisher's arrest and the dismissal of the charges, Fisher's timely request for a speedy trial, and the prejudice resulting from the delay that was primarily attributable to the State, all support the circuit court's order and judgment sustaining Fisher's motion to dismiss the charges."
Joyce's ruling last year launched a firestorm of criticism, including comments on social media, letters to the editor and posts in the comments sections of various online media stories about the case that Joyce should resign or be removed from office.
State Rep. Rocky Miller, R-Lake Ozark, pledged to investigate Joyce's decision, telling the News Tribune last year her ruling "appears to be the height of incompetency for a Circuit Court Judge in Missouri."
However, the Legislature took no actions.
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 also said Fisher told investigators he wanted the infant to die.
Fisher has been living in Ohio since his release last year.
His bond in the new case was set at $100,000 with special conditions he have "no contact with the victim or victims and be placed on GPS monitoring."
No court date has been set in the new case.