Rep. wants investigation of judge who dismissed child rape case

1 year 4 months 3 weeks ago October 27, 2015 Oct 27, 2015 Tuesday, October 27 2015 Tuesday, October 27, 2015 6:04:00 PM CDT in News
By: Andria Kirkland, KOMU 8 Reporter
loading

COLE COUNTY - One state legislator said he is hoping to prompt an investigation against Cole County Judge Patricia Joyce. Joyce recently dismissed a criminal case involving Aaron Michael Fisher of Miller County, who was accused of sexually assaulting his five-month-old daughter.

Rep. Rocky Miller, R-Lake Ozark, said Joyce's logic was faulty and he questions whether the judgment was competent.

Fisher was first charged with the crime in 2009. In the intervening years, both prosecutors and his public defender made several requests to delay the trial. Fisher pleaded guilty last year, but months later recanted. That's when a new public defender, Jason Emmons, took over and requested the case be dismissed.

Joyce agreed on the grounds that Fisher had not been granted a fair and speedy trial.

Emmons' colleague, Cole County District Defender Justin Carver, said Joyce took on the case on the request of the state supreme court because there hadn't been a trial in five years. He said he finds it offensive that Joyce is receiving criticism, when the actions of prosecutors and Miller County judges contributed to the delays.

"I'm startled, I don't know how long the Miller County prosecutor needed to bring this case to trial. There are significant jurisdiction problems in Miller County. Based on the law, Joyce had to make the decision she made," Carver said, "if this were your son or daughter charged with a serious crime, it's like, how long do they have to sit in jail?"

Carver said, when a case is beyond a year old and the defendant has requested a speedy trial, typically, there needs to be good reason for the continuance.

Carver said, in his 14 years as a lawyer, he has never seen a case that's languished for six years.

He said the long delays could have contributed to Fisher's now-retracted guilty plea.

"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?" Carver said. "What happened on this case is a riveting example of coercion, and that's not what the American justice system is about."

Rep. Miller said he plans to file an article of impeachment against Joyce to open a deeper investigation. Once the article is approved by the House, a review of the evidence will be heard by Missouri's Supreme Court.

(Editor's note: This story has been updated to correct a misspelling and for style.)

 

 

 

More News

Grid
List
SPRINGFIELD, Mo. (AP) — Police in southwestern Missouri's Springfield say a man who kept authorities in a several-hour standoff was... More >>
14 minutes ago March 23, 2017 Mar 23, 2017 Thursday, March 23 2017 Thursday, March 23, 2017 11:16:07 AM CDT in News
RENICK, Mo. (AP) — Authorities say a tree trimmer was killed in north-central Missouri wh en a tree he was... More >>
18 minutes ago March 23, 2017 Mar 23, 2017 Thursday, March 23 2017 Thursday, March 23, 2017 11:12:45 AM CDT in News
BOONE COUNTY - Two area libraries received federal grants worth nearly $25,000. The Daniel Boone Regional Library received a... More >>
24 minutes ago March 23, 2017 Mar 23, 2017 Thursday, March 23 2017 Thursday, March 23, 2017 11:06:00 AM CDT in News
ST. LOUIS (AP) — The daughter of outspoken conservative activist Phyllis Schlafly alleges in a new lawsuit that several of... More >>
1 hour ago March 23, 2017 Mar 23, 2017 Thursday, March 23 2017 Thursday, March 23, 2017 10:27:35 AM CDT in News
GASCONADE COUNTY - Divers found human remains in a pond early Tuesday morning, and authorities are investigating the case as... More >>
1 hour ago March 23, 2017 Mar 23, 2017 Thursday, March 23 2017 Thursday, March 23, 2017 9:33:00 AM CDT in Top Stories
KANSAS CITY (AP) — A Kansas City man is accused of causing a car crash that killed his two young... More >>
4 hours ago March 23, 2017 Mar 23, 2017 Thursday, March 23 2017 Thursday, March 23, 2017 7:16:00 AM CDT in News
KANSAS CITY (AP) — Authorities say a Kansas City man who was naked when he was arrested has been charged... More >>
4 hours ago March 23, 2017 Mar 23, 2017 Thursday, March 23 2017 Thursday, March 23, 2017 7:12:17 AM CDT in News
FLORISSANT (AP) — Authorities say a pedestrian has been killed in a hit-and-run crash in St. Louis County. ... More >>
4 hours ago March 23, 2017 Mar 23, 2017 Thursday, March 23 2017 Thursday, March 23, 2017 6:45:51 AM CDT in News
ST. LOUIS (AP) — Webster University in St. Louis is mourning the death of an adjunct professor who collapsed during... More >>
4 hours ago March 23, 2017 Mar 23, 2017 Thursday, March 23 2017 Thursday, March 23, 2017 6:38:45 AM CDT in News
JEFFERSON CITY - New software will make infrastructure projects in Jefferson City easier to manage, more cost effective and more... More >>
7 hours ago March 23, 2017 Mar 23, 2017 Thursday, March 23 2017 Thursday, March 23, 2017 3:31:00 AM CDT in News
JEFFERSON CITY – A federal grand jury indicted a Columbia man today for producing and distributing child pornography. Sergio... More >>
14 hours ago March 22, 2017 Mar 22, 2017 Wednesday, March 22 2017 Wednesday, March 22, 2017 9:21:00 PM CDT in News
COLUMBIA - The City Supplier Diversity Program and Shelter Insurance teamed up to host the Building Inclusive Partnership’s EXPO for... More >>
16 hours ago March 22, 2017 Mar 22, 2017 Wednesday, March 22 2017 Wednesday, March 22, 2017 7:03:00 PM CDT in News
COLUMBIA - Dozens of people gathered at the ARC to voice their concerns over Governor Eric Greitens proposed budget cuts... More >>
16 hours ago March 22, 2017 Mar 22, 2017 Wednesday, March 22 2017 Wednesday, March 22, 2017 6:55:00 PM CDT in News
EDWARDSVILLE, Ill. (AP) — A Missouri woman has been ordered to spend a quarter century in Illinois prison for killing... More >>
18 hours ago March 22, 2017 Mar 22, 2017 Wednesday, March 22 2017 Wednesday, March 22, 2017 5:13:19 PM CDT in News
CLAYTON (AP) — A trial is underway in suburban St. Louis in the case of a mother accused of poisoning... More >>
18 hours ago March 22, 2017 Mar 22, 2017 Wednesday, March 22 2017 Wednesday, March 22, 2017 5:10:12 PM CDT in News
OWENSVILLE (AP) — Authorities in east-central Missouri's Gasconade County say they're investigating as a homicide the death of a person... More >>
18 hours ago March 22, 2017 Mar 22, 2017 Wednesday, March 22 2017 Wednesday, March 22, 2017 5:08:19 PM CDT in News
MEXICO - A middle school student was turned over to the Missouri Division of Youth Services Wednesday after Mexico Public... More >>
18 hours ago March 22, 2017 Mar 22, 2017 Wednesday, March 22 2017 Wednesday, March 22, 2017 4:58:13 PM CDT in News
COLUMBIA – Missouri Vocational Rehabilitation held a public hearing in Columbia Wednesday to hear feedback on ways to improve services... More >>
19 hours ago March 22, 2017 Mar 22, 2017 Wednesday, March 22 2017 Wednesday, March 22, 2017 3:39:00 PM CDT in News
Columbia, MO
Broken Clouds 51°
12pm 47°
1pm 51°
2pm 57°
3pm 63°

Select a station to view its upcoming schedule:

Coming Up Next

11:00a
Rachael Ray
12:00p
KOMU 8 News @ Noon
12:30p
Inside Edition
11:00a
Jerry Springer
12:00p
Jerry Springer
1:00p
Maury

Tonight's Schedule

7:00p
Superstore
7:30p
Powerless
8:00p
Chicago Med
9:00p
The Blacklist: Redemption
7:00p
Supernatural
8:00p
Supernatural
9:00p
KOMU 8 News @ Nine on The CW
9:30p
Seinfeld