State v. Mr. M (DMC No. 11447) – Felony Sexual Assault – Not Charged – Peoria Police Department Investigated (DR No. 0X-0X-XXXXX0) & Maricopa County Attorney’s Office “Turned Down Prosecution”.
Mr. M had met a girl in a bar in Peoria while he had been drinking. The two of them engaged in consensual sex in the men’s bathroom. Afterwards, Mr. M was accused of taking the young lady’s purse and utilizing her credit cards. Because of this, the young lady made an allegation that the sex was not consensual and that she had been Sexually Assaulted.
Approximately six years later, Mr. M had a conviction for a minor drug charge in which he provided a DNA sample. A “hit” came up on the DNA database, and the Police contacted him in order to talk about the alleged Sexual Assault. He then secured our services. We then conducted an investigation in which we secured an independent Witness who was with Mr. M on the night in question. We presented his testimony to the Maricopa County Attorney’s Office showing that this was a consensual event, and that the alleged victim was merely upset because her purse had been stolen by somebody. Her assumption was that it was Mr. M. Ultimately, the County Attorney agreed to reject charges based upon “no reasonable likelihood of conviction”. If Mr. M had been charged and convicted (especially given he had a minor prior felony conviction), he could’ve spent over two decades in prison.