By Tom Mustin

AURORA, Colo. (CBS4)– More than 12 years years after the disappearance of 6-year-old Aarone Thompson, her Aurora neighbor Mark Fenton is still grieving.

“That brought a whole lot of grief to this whole block and that whole family and this whole city. I wish it would all go away.” he told CBS4’s Tom Mustin.

CBS4's Tom Mustin interviews Mark Fenton (credit: CBS)

CBS4’s Tom Mustin interviews Mark Fenton (credit: CBS)

In 2005, Aarone’s parents reported her missing. Aurora police and volunteers scanned the neighborhood but Aarone’s body was never found.

Her father, Aaron Thompson was convicted in connection with her death in 2009 and sentenced to 114 years in jail. Now a technicality may reverse his conviction.

Aaron Thompson (credit: CBS)

Aaron Thompson (credit: CBS)

Fenton is livid, “If you can’t put a guy who kills his child in jail, what good is society? He’s as guilty as sin. I don’t care how many technicalities they come up with, they’re going to put him away. You know why? Society needs him put away.”

Here’s the issue- the Supreme Court ruled that every defendant has the right to the attorney of his choice. David Lane represented Thompson for two years without charge, but requested some help.

Aarone Thompson (credit: CBS)

Aarone Thompson (credit: CBS)

“The state is obligated to provide funds for indigent defendants to hire an investigator. They refused,” said Lane.

Lane eventually stepped down. A public defender took over the case and Thompson was convicted. Now appellate lawyers want a new trial.

CBS4's Tom Mustin interviews David Lane (credit: CBS)

CBS4’s Tom Mustin interviews David Lane (credit: CBS)

Lane says they may have a case, “The court denied him the right to his attorney of his choice. They may now have to live with the consequences of their actions.”

It’s a technicality that has Fenton sending a message to his former neighbor, “Go to jail and stay there the rest of your life. Society would be better off without you.”

Aaron Thompson and Shely Lowe (credit: CBS)

Aaron Thompson and Shely Lowe (credit: CBS)

Thompson was convicted on several charges related to his daughter’s disappearance and abuse of his other children. His wife, Shely Lowe, was also expected to face charges. She died in 2006 from a heart condition.

A judge will hear the case Feb. 15.

Tom Mustin is CBS4’s Weekend Anchor. He has been with CBS4 since 2002, and is always looking for great story ideas. Connect with Tom on Facebook or follow him on Twitter @TomCBS4.

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