A pre-trial conference has been scheduled for Nov. 20, 2017 followed by a five-day trial set to begin on Monday, Jan. 8, 2018 in Laclede County. However, with less than a half of a year to prepare for trial, the new attorney could request a continuance.

A new trial date and pre-trial conference have been scheduled in the Aaron Michael Fisher felony assault case though a new defense attorney has yet to be assigned. The switch in legal representation does have the potential to cause further delays.

On July 17, 2017, Circuit Judge Peggy Richardson ordered the case stricken and reset after granting a motion to withdraw from Fisher’s attorney Kimberly Kollmeyer — despite an objection from Miller County Prosecuting Attorney Ben Winfrey.

A pre-trial conference has been scheduled for Nov. 20, 2017 followed by a five-day trial set to begin on Monday, Jan. 8, 2018 in Laclede County. However, with less than a half of a year to prepare for trial, the new attorney could request a continuance.

The 28-year-old formerly of Brumley stands accused of brutally assaulting his infant daughter on Oct. 27, 2009 and is charged with one count of first degree assault pertaining to serious physical injury. This Class A felony carries a punishment of 10 to 30 years or life imprisonment in the Missouri Department of Corrections.

Winfrey had initially filed the charge on Nov. 16, 2016 in Miller County before the case was transferred to Laclede County after Judge Jon Kaltenbronn sustained a motion to change venues on behalf of the prosecution, according to CaseNet.com. Judge Peggy Richardson was assigned to the case in late December 2016.

On Nov. 16, 2016, a warrant was issued for Fisher’s arrest under conditions of a $100,000 bond, no contact with the victim(s) and a GPS monitoring device. He was taken into custody in Toledo, Ohio and transferred to Miller County within a couple of weeks of the warrant being issued. Fisher has remained in law enforcement custody, now under the care of the Laclede County Sheriff’s Office.

Initially scheduled to stand trial on April 10, 2017 and again on July 31, 2017, several motions of dismissal and a motion to reduce bond were filed by Kollmeyer.

On Feb. 24, 2017, Richardson denied all motions to dismiss as well as a bond reduction. On June 27, 2017, Kollmeyer filed a motion to withdraw which Richardson granted on July 17, 2017 while also sustaining a motion by Winfrey to endorse additional witnesses.

Fisher was initially arrested in October 2009. Former Miller County Prosecuting Attorney Matt Howard charged Fisher with two counts of forcible sodomy of the man’s five-month-old infant daughter from an Oct. 27, 2009 incident.

Fisher was released in 2015 by order of Cole County Circuit Judge Patricia Joyce. Fisher was awaiting trial on the two counts when his defense attorney successfully argued his right to a speedy and fair trial was violated by the Miller County judicial system due to several continuances and delays.

An initial request by Fisher for a speedy trial was followed by unclear documentation regarding which party was responsible for multiple subsequent continuances.

On the afternoon of Oct. 28, 2009, the victim was admitted to Lake Regional Hospital with apparent signs of physical and sexual child abuse, according to investigators.

“Specifically, the child was diagnosed with numerous facial bruises, a left acute mildly displaced comminuted left parietal and non displaced left occipital skull fracture, a large scalp contusion; an acute bilateral frontal subarachnoid and parafalcine subdural hemorrhages; and extensive pre, intra, and sub retinal hemorrhages,” according to the probable cause statement.

The infant and a two-year-old sibling were placed in emergency protective care and were later adopted after Fisher and the mother, Samantha Widman, lost their parental rights. Widman plead guilty to child endangerment and was placed on probation.

“The above named defendant further disclosed that [the victim] wouldn’t stop crying after he sodomized her, so he hit her in the head with his fist as hard as he could. The above defendant stated he wanted [victim)] to die,” according to the statement.

According to court documents, Fisher was considered a danger to the public. His mother allegedly fled to another state after reportedly being assaulted by him. Fisher is considered a flight risk because he had previously lived most of his life in Michigan and most recently Ohio, according to the document.

On Oct. 29, 2009, Fisher confessed to assaulting and sodomizing his infant daughter, but later recanted the confession before a scheduled court hearing and claimed to have forgotten what happened. The confession was thrown out of the record.

While being held without bond, Fisher was charged with damaging jail property. He served his sentence on that charge while being held on the initial case.