01-30-2002The attorney for a murder suspect is seeking to have his client released from custody and the case against him dismissed.
Thomas M. Leatherman of Goshen also said in a press release today that he filed a notice with the town of Milford and Milford Town Marshal David Hobbs of an intention to sue them for the illegal arrest and incarceration of Ralph Fredderick “Fred” Fisher.
Fisher, 47, of Goshen, is charged with the Jan. 15, 2001, murder of Kathy Vroman, 48, of Milford. Previously, Fisher’s son, Jason Fisher, 23, of Millersburg, was the primary suspect in the case.
Although a charge of murder remains pending against the younger Fisher, the investigation shifted to Fred Fisher after Jason Fisher told authorities in December that his father committed the crime.
“I am concerned with statements reported by the news media that quote the Probable Cause Affidavit filed in this case,” Leatherman said in his press release. “These statements may seriously prejudice Mr. [Ralph] Fisher’s right to have a fair trial by having unbiased jurors. ... Ralph “Fred” Fisher is presumed innocent of these charges. He intends to fully defend himself from them, as he has for the last year against all charges that have previously been presented against him by the Kosciusko County Prosecutor’s Office, all of which have been dismissed.”
Fred Fisher was originally charged with assisting a criminal and unlawful movement of a body. Those charges later were dismissed after a charge of conspiracy to obstruct justice was filed against him. That charge also was dismissed.
According to court documents, “The change in focus of the prosecutorial theory concerning the death of Kathy Vroman now changes the focus of the Defendant’s defense. The focus now is upon the ultimate question of who was the ‘shooter’ who took the life of Kathy Vroman.”
This information was presented in support of Leatherman’s motion for dismissal of the murder charge against Fred Fisher.
“The continual change in prosecutorial theory of arrest, charge, dismissal, arrest, charge, dismissal, etc., should not be permitted and the charges against [Fred Fisher] should be dismissed. This type of activity affects the due process rights of the Defendant and also represents vindictiveness on the part of the Prosecuting Attorney against the Defendant.”
Kosciusko County Prosecutor Charles Waggoner has declined to comment on the direction either of the Fisher cases are going or whether the new charges against Fred Fisher will have bearing on the murder charge pending against Jason Fisher. He also declined comment on the most recently filings in Fred Fisher’s case.
Because the murder charge against Fred Fisher arose from the same charges filed against him last January, Leatherman contends in court documents that his client is entitled to release under Criminal Rule 4. That rule guarantees a defendant’s right to a speedy trial and calls for release from custody if there is no trial within six months of incarceration. Fred Fisher was free on bond from the previous charges in this case when he was arrested for Vroman’s murder.
Leatherman also claims Waggoner “violated the provisions of the Rules of Professional Conduct” by presenting a probable cause affidavit in the murder case against Fred Fisher that allegedly contains misstatements. Leatherman said a statement that Fred Fisher “helped Jason [Fisher] with the transportation of the body” is not true and that the charge related to that accusation was dismissed.
Additionally, Leatherman alleges that the information in the probable cause affidavit that Jason Fisher’s statements were verified by a polygraph examination are hearsay.
An attempt to delay a Tuesday deposition of Jason Fisher by filing on Monday for a protective order was denied by Kosciusko Circuit Court Judge Rex Reed.
In a Monday letter addressed to Waggoner, Leatherman asked to delay the deposition or Jason Fisher’s testimony by that deposition “will go to the jury incomplete.”
The deposition took place as scheduled, despite Leatherman’s claim that he would not be prepared in the 23 days since Fred Fisher’s Jan. 6 arrest to fully cross-examine Jason Fisher.
The next hearing in the Fred Fisher case is set for noon March 11. At that time, Reed will consider the motion for dismissal.