State v. Mr. S (DMC No. 11367) – (2 Counts) Felony Surreptitious Videotaping- Reduced to Attempt with Probation and Zero Days in Jail – Maricopa County Superior Court (Case No. CR2012-155463):
Mr. S was seen at a Kohl’s department store in Ahwatukee, allegedly trying to film a woman in a dressing room in the women’s changing area. A Police Officer was called, and he came into the dressing room and looked down and saw Mr. S on his knees and elbows appearing to look up into the changing room to the east of where he was at. There was a cell phone on the floor, and Mr. S quickly shoved it into his pocket as he was taken into custody. While he was being questioned, he stated that he did not realize that the dressing room was only for women.
The Police then began questioning him about this incident, plus one the day before which involved a 14 year old girl in the same dressing room. Mr. S asked if he was entitled to a Lawyer, and the Police continued to question him. He ultimately made admissions to also taking pictures of the girl from the day before. He also handed over his cell phone to the Police.
We were then retained and began to defend the case. Due to the fact that the Police continued to questions Mr. S without a Lawyer being present, and the fact that they took his cell phone without obtaining a Warrant once he requested an Attorney, we had defenses that threated the Prosecutor’s entire case. We also presented evidence to the Prosecutor that Mr. S had never touched any children or women, and that he had sizable mitigation. Ultimately, they agreed to reduce the case to an Attempt with Probation and Zero Days in Jail. Originally, Mr. S was facing the possibility of over 5 years in prison.