Child Rapist walks free!

[Razgovory]

This story made big news in the area.  As a result a State Rep now wants to impeach the judge.  I think she made the right call, and the public anger should fall on the prosecutor's office.  The former prosecutor of Miller county (who left last year), claims that delays are due to defendant though only one continuance is documented.  The failure of a prosecutor to bring to trial a man who confessed on videotape to the crime for half a decade mind-boggling, but then I'm not a lawyer so what do I know?  Perhaps the vaunted Languish legal team can provide some insight.

Jefferson City, Mo. — Cole County Judge Patricia Joyce issued her formal written order revealing the reasons why a confessed child sodomist was released from jail.

The order, released Wednesday, lists the events leading up to and resulting in Joyce's decision to let Aaron Fisher walk free.

In 2009, Miller County Prosecutors charged Fisher with two counts of forcible child sodomy. Up until last Friday, Fisher spent six years in the Miller County jail without bond.

His case was delayed several times, according to court documents.

State Representative Rocky Miller (R-Lake Ozark) launched an investigation into Fisher's release Monday. He said Fisher's legal team is apparently responsible for the case delays.

In her written order, Joyce noted no record was made to protect or address the rights raised in a motion Fisher had filed for a speedy trial.

In the order, Joyce writes " The Constitution of the United States and Missouri guarantee citizens the right to a speedy trial. Without the right to a speedy and fair trial, citizens could be held against their will, for excessive amounts of time, without regard to their rights." In conclusion, Joyce wrote the court determined Fisher's right was violated.

KRCG13 reached out to Joyce Wednesday for comment on her decision. Her secretary said judicial ethics prevent Joyce from talking about the case.

Monday, Representative Miller released a statement announcing he would investigate Joyce and her decision to release Fisher. He said Fisher allegedly admitted on video to sodomizing his 5 month old child and after too many delays, Joyce made the decision to release him back into society without the benefit of a trial.


"This appears to be the height of incompetency for a Circuit Court Judge in Missouri and I will be reviewing her performance to verify that it has risen to the level of impeachment," Rep. Miller said.

[The Brain]

Is he gaming the system?

[Razgovory]

Goddamn it.  Could someone move this?

[The Brain]

I don't understand the sequence of events. Catch child rapist and then don't bring him to trial? That a thing in Missouri?

[Razgovory]

I don't understand the sequence of events. Catch child rapist and then don't bring him to trial? That a thing in Missouri?

Apparently.  Keep in mind that Prosecuting attorney is an elected position here.  The prosecutor was either lazy, incompetent, or held the Constitution in contempt.

[dps]

I don't understand the sequence of events. Catch child rapist and then don't bring him to trial? That a thing in Missouri?

Apparently.  Keep in mind that Prosecuting attorney is an elected position here.  The prosecutor was either lazy, incompetent, or held the Constitution in contempt.

I'll point out that it is possible that the delays were due to the defendant and his lawyers, as the state rep claims.  However, unless that's the case, the judge made the correct legal call.  A regrettable situation, but not the judge's fault.

[Zanza]

If the judicial system of Missouri allows a defendant to delay a trial by six years, the system needs reform. The court that issued the initial warrant to arrest and detain him should also have some kind of obligation to follow up on that detention and either free him or make sure there is a trial. So multiple parties seem to have failed here.

[Syt]

So even though he's released for now, can he still be charged and a process can go ahead?

[Martinus]

Oh I thought this was a thread about Polish court refusing to extradite Polanski.

[11B4V]

Oh I thought this was a thread about Polish court refusing to extradite Polanski.

I thought it was a thread on the Roman Catholic Chruch.

[Barrister]

I don't understand the sequence of events. Catch child rapist and then don't bring him to trial? That a thing in Missouri?

Apparently.  Keep in mind that Prosecuting attorney is an elected position here.  The prosecutor was either lazy, incompetent, or held the Constitution in contempt.

There are other options you know.

Judicial stays for delay are, well, not common, but not unknown, up here in Canada.  Here we know they as Askov applications (from the name of a leading case, R v Askov).  There's a lot of dancing around by all sides with respect to Askov applications.  Here I can't necessarily pass judgment: six years does sound like a very long time, but I've seen it where defence manages to drag out delay (though trying to pin blame on the Crown) in order to get a judicial stay.

[Martinus]

Maybe it was a mistake and he was a child therapist?

[Jaron]

Oh I thought this was a thread about Polish court refusing to extradite Polanski.

Same

[Razgovory]

So even though he's released for now, can he still be charged and a process can go ahead?

I'm not sure.

[jimmy olsen]

Maybe it was a mistake and he was a child therapist?

I don't think he was a candidate for Celebrity Jeopardy.