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.”
https://www.youtube.com/c/michaelhaberlaw / http://habercriminallaw.blogspot.com