July 17, 2019

By Jared D. Bustamante, Assistant Prosecuting Attorney

An 18 year-old Lee’s Summit man has been charged with sexual abuse connected to his employment at a Lee’s Summit daycare facility. The defendant’s mother, the owner of the daycare facility, has been charged with endangering the welfare of a child, Jackson County Prosecutor Jean Peters Baker announced today.

Joseph Hammerly

Joseph Hammerly, 18, faces two counts of the Unclassified Felony of Statutory Sodomy – Deviate Sexual Intercourse with a Person Less than 12 years old.

His mother, Emily Hammerly, 47, faces one count of the D Felony Endangering the Welfare of a Child and one count of the A Misdemeanor Failure of a Mandated Reporter to Report Child Abuse. *

Emily Hammerly

According to Court records, the victim was dropped off at Little Learner daycare at 800 SE Church Street in Lee’s Summit, Missouri on the morning of 7/11/2019. The victim told one of her teachers that the day before, another teacher, Mr. Joe (Joseph Hammerly) had taken her to the bathroom and had her put her mouth on his “weiner,” She stated when they were done, the Mr. Joe gave her “apple candies.” That teacher then immediately contacted the business manager who informed the victim’s parents of the victim’s statements. The victim’s parents then reported this conduct to the Lee’s Summit Police Department.

A forensic interview with the victim revealed a story consistent with what was reported to the business manager of Little Learner. Further, the victim stated the defendant, Joseph Hammerly, told her not to tell anyone, that it was a surprise and she was the only one that knows. Lee’s Summit Police Detective responded to Little Learner and reviewed the security footage of the victim’s assigned room for the day in question. The Detective observed footage consistent with the victim’s story – though there is no camera inside the bathroom and thus no footage exists for events inside the bathroom at the facility. The Detective interviewed the reporting staff members who issued statements that the victim child reported the same description of the events to them.

The business manager also stated she brought the victim’s report of this incident to the attention of the owner of the business, Emily Hammerly, who instructed her to “re-direct [the victim] and tell her we don’t talk like that.” Joseph Hammerly reported to work the following day and worked his entire shift with the victim present at Little Learner. Another teacher at the facility stated she was told by the business manager that after the incident, Joseph Hammerly could continue working and everything was handled.

The Detective interviewed Emily Hammerly who stated she was notified by her business manager of the victim’s statement on the morning of 7/11/2019.

Emily Hammerly stated she did not instruct any of her employees to hotline the incident and immediately responded back to her residence to speak with her son, Joseph. Defendant Emily Hammerly stated that after speaking with her son, there was nothing she found odd and allowed him to continue working is Thursday and Friday shift so it didn’t appear like he was “hiding” from anything. Defendant Emily Hammerly stated she made sure Joseph was not to be left alone with any of the children during his shift.

Prosecutors have requested a bond of $75,000.00 cash only for Defendant Joseph Hammerly, and a bond of $20,000.00 10% for Defendant Emily Hammerly. Prosecutors have requested no contact with the victim or the victim’s family, no contact with anyone under 17 years of age, and no contact with codefendants as requirements of bond. Further, Prosecutors have requested Defendant Joseph Hammerly be restricted from entering any daycare facility pending the disposition of his case.

*Charges are only accusations and the defendant(s) are presumed innocent unless and until the defendant(s) are either found guilty or have pleaded guilty.

Charging Document(s)