Order explains why Aaron Fisher was released for denial of a speedy trial

ABC 17 News has obtained the order explaining the denial of a speedy trial for a man charged with beating and sodomizing an infant.

Last week, Cole County Judge Patricia Joyce dismissed two counts of forcible sodomy against Aaron Fisher.

Fisher was accused of the crimes against the 5-month-old in 2009.

An order said Fisher was released from jail because his right to a speedy trial was violated.

The U.s. and Missouri Constitutions says “to assess whether there has been a violation of speedy trial rights, the court should consider and weigh four factors, including length of delay, the reason for the delay, the defendant’s assertion of his right, and prejudice to the defendant.”

The order says, “Missouri courts have found that delay of greater than 8 months is presumptively prejudicial.”

Joyce explains that after hearing evidence, the court concluded since charges were filed in October 2009, the state has failed to bring Fisher to trial without any reason.

The order shows that the only evidence of the defendant’s delay is on continuance request from May 23, 2011.

Fisher filed a motion for a speedy trial in February 2011, and the former Miller Co. prosecutor had 5 jury trial settings. No record was made to protect or address Fisher’s rights to a speedy trial, therefore the court can’t conclude that his rights were considered.

The order concludes with, “The courts have a duty of uphold the rights of every citizen in the United States and Missouri no matter the cause. Without a speedy and fair trial, citizens could be held against their will, for excessive amounts of time, without regard to their rights.”