State v. Mr. M (DMC No. 16271) – Felony Sexual Abuse – Not Charged – Buckeye Police Department Investigated (DR No. 20XX-XXXXXX9) & Maricopa County Attorney’s Office “Turned Down Prosecution”.
Mr. M retained our services after learning of Sexual Abuse allegations during a Family Law dispute. The specific allegation being made was that he had inappropriately touched his stepdaughter who was 13 years old. Unfortunately, Mr. M’s stepdaughter had a number of emotional issues and had, soon after making the allegations, been diagnosed with Oppositional Defiant Disorder. This disorder is described by the Child Mind Institute as children who display extreme resistance to authority, conflict with parents, outbursts of temper, and spitefulness with peers.
Upon being retained our Pre-Charge Team, met to discuss the plan of action. We immediately reached out to the Detective and prepared a Trebus Bashir Letter delineating Mr. M’s denial of the accusations along with background information pertaining to his 13-year old stepdaughter and her overall behavioral issues. Included in this letter was a list of false allegations made by Mr. M’s stepdaughter in the past regarding him and her biological mother, specifically detailing times when his stepdaughter had falsely accused the two of them of physical abuse. We assisted Mr. M. in participating in a global interview with DCS regarding the false allegations now being made. This ultimately allowed Mr. M. to return home; however, he was ordered not have contact with the alleged victim who was no longer in the home.
Ultimately, the DCS matter was closed, and based on the information provided in the Trebus Bashir Letter, along with Mr. M’s denials, the Maricopa County Attorney’s Office “turned down” the case for charging.