Wednesday, November 18, 2015

Biological Father of Adoptive Parent's Daughter is Released from Custody and has Child Sex Abuse Charges Dropped on Speedy Trial Ground ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Loopholes: You love them when they work for you but you hate them when they work against you.

Aaron Michael Fisher, age 27 and pictured below, was arrested and charged with sodomy after signs of sexual abuse were found when his infant daughter spent more than a week at University Hospital in Columbia in 2009.  After multiple delays in the case a public defender filed a motion stating that Fisher's constitutional right to a timely trial had been violated and Cole County Judge Patricia Joyce granted his release last month (six (6) years later).

Meanwhile, the parents who adopted the girl in 2009 when she was five (5) months old are now speaking out after her father was set free because of what Judge Joyce deemed a valid Sixth Amendment Speedy Trial argument.  

The adoptive parents of the now six (6) year old girl, who also adopted her biological brother, are now seeking an order of protection against their biological father after hearing about his release.  The adoptive parents, who have not been identified, said in an anonymous interview that Fisher's release has put their children at risk, as well as others as they believe that Fisher will seek other victims.  Per the adoptive mother: "Nobody can fathom what happened and this person is walking the streets right now. He could apply for a job and nothing would come up in a background check.  He could be working with children. He's a threat to society. He should not be on streets. We need people to contact the [Missouri] attorney general's office, to be our daughter's voice."  The adoptive father added that: "It's not a matter of if, but when. And it's on Judge Joyce's hands from there."  But is it?

Before Fisher was released and the charges against him were dismissed he reportedly had "admitted on video to sodomizing his daughter" and in July, 2014 he had also entered a guilty plea.  However, before he could be sentenced for the crime Fisher recanted his confession, withdrew his guilty plea and his attorney asked for a new trial date before filing the Sixth Amendment motion.  Per a Cole County Assistant Public Defender:  "The plea was given in 2014, five years after he's been held in jail. Was this a plea that happened because Mr Fisher was frustrated with the court process?  What happened on this case is a riveting example of coercion, and that's not what the American justice system is about."  This seems to be a "the loophole works for me" statement....

But Missouri State Representative Rocky Miller, whose district includes the area near the Lake of the Ozarks where the alleged assault took place, takes a contrary "the loophole does not work for me" approach.  Representative Miller plans to have Judge Joyce investigated for her decision stating that:  "She wasn't following the law. She was making her own law.  She could have gone ahead and had the trial and nobody would have said a word.  They could have raised the issue of speedy trial on appeal. But the defendant asked for the delays."

Beyond what I have read about in online I don't know what happened in this case and even if I did know what actually occurred then I still don't know the first thing about Missouri law or procedure.  I do know Florida law and procedure, and if this situation had happened here then I would be quite skeptical of the Judge's ruling.  Yes, some cases are beaten on speedy trial or statute of limitations grounds, but they are few and far between.  There is no five (5) year "do or die" line in the sand between trial and dismissal in Florida. Many factors can and do effect an individual's right to a speedy trial (too many to list and speculate over) and even when a Defendant asserts her/his right to a speedy trial there are options available to both the State and to the Court to accommodate the same.  In the interim, I see no reason why the adoptive parents would be denied a permanent restraining order protecting their children from the biological father not withstanding his speedy trial discharge (again I can;t speak to Missouri but I'd bet a digit that virtually any Florida Judge would issue that one in a nano-second).  Further, I am yet to read about the State's response to Judge Joyce's Order, but I;d be willing to bet that there's an appeal in the works.  In the interim, Memo to the Adoptive Parents:  I know that she is only six (6) but you may want to consider the following self-explanatory MEME...

When it comes to the subject of "Cops, Courts and Constitutions" you should always have a skilled and experienced criminal defense attorney who is focused on serving your interests.  While we can't stop the cops from arresting you, as your legal counsel Michael A. Haber, PA will ensure that your rights are respected from the moment that representation begins and that any abuses which may have occurred beforehand are remedied.

At Michael A. Haber, P.A. "Its all about reasonable doubt"!

Michael A. Haber, Esq. is prepared to speak with you about your case!

Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1


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