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By Echo Menges and Marlana Smith
Shelbyville, MO – Wednesday, May 18, 2022 – A preliminary hearing was held in case No. 22SC-00020, State of Missouri versus David Kiser, at the Shelby County Courthouse on Wednesday morning. Kiser stands accused of one felony count of statutory sodomy – first degree – deviant sexual intercourse with a person less than 14 years old, and one felony count of child molestation – second degree – victim less than 14 years old – in the most recent criminal case filed against him.
The alleged crimes are alleged to have happened sometime in 2014, between January 1 and December 31.
Kiser appeared in court with his defense attorney Stephen Porter. The State was represented by special prosecuting attorney Joshua W. Meisner.
Macon County Associate Circuit Judge Kristin D. Burks presided over the hearing.
During the hearing, two witnesses were called by the prosecution: Detective Kade Singleton and Forensic Interviewer Jessica Homeyer. One witness was called by the defense: Child Protection Specialist Kelsey McCoy.
Exhibits were also entered during the hearing, including a diagram of the Kiser home living room and bedroom, and an audio/video recording of the victim’s forensic interview conducted at the Child Advocacy Center in Hannibal, MO, on October 16, 2019.
The hearing lasted from approximately 10:06 a.m. to 11:51 a.m., when Judge Burks went into recess to watch the audio/video forensic interview. After watching the interview, Judge Burks ruled there is enough evidence to bind the case over from Associate Circuit Court to Circuit Court.
Kiser is scheduled to appear before 41st Circuit Judge Fredrick Paul Tucker for an arraignment on Thursday, June 23, 2022, at 10:00 a.m. at the Shelby County Courthouse.
In the other pending criminal case against Kiser, case No. 22SB-CR00005-01, Kiser is facing two counts of sodomy or attempted sodomy – first degree – victim less than 12 years old. The defendant is accused of allegedly molesting a child while the child was in the care of his wife at her home daycare in Shelbyville.
A motion was made for change of judge on April 28, 2022. A request was made for the Missouri Supreme Court to appoint a new judge. Judge Rachel Bringer Shepherd was appointed to the case.
Preliminary hearings are often the first opportunity for defendants to argue their side of the alleged incidents in court through their attorney. Details about Kiser’s side were not made public during this hearing, which should not be considered evidence of guilt. Guilt may only be determined by a jury, a judge during a bench trial, or the defendant by pleading guilty.
David Kiser is presumed innocent unless proven guilty in court.