State v. Mr. J (DMC No. 16276) – Felony Sexual Abuse – Not Charged – Florence Police Department Investigated (DR No. 20XX-XXXXX6) & Pinal County Attorney’s Office “Turned Down Charges”.
Mr. J. retained our services after being accused of Sexual Abuse by inappropriately touching the breasts of a coworker. Mr. J. and the accuser both worked for the Fire Department, and the accuser was claiming that the inappropriate action happened while at work in the Battalion Chief’s office. Mr. J believe the allegation was being made due to the alleged victim becoming upset with him because of some constructive criticism and feedback provided by him regarding the alleged victim’s treatment of a patient while on the job. Mr. J. denied any non-consensual touching of the breasts.
Upon being retained, our Pre-Charge Team, staffed the case to determine what actions were necessary. We reached out to the Florence Police Department to contact the assigned Detective. After doing so, we emailed a copy of our client’s Invocation of Constitutional Rights. When speaking with the Detective assigned we informed him that we would have a significant amount of information to present to him that should help him in determining that submitting these charges to the Pinal County Attorney’s should not occur. However, he told us that his report was almost complete and that he would be submitting the case to the County Attorney.
After receiving this information and the report regarding the internal Fire Department review, we were able to prepare a detailed Trebus Bashir Letter to send to the prosecutor reviewing the case. This letter included 37 bullet points, and many sub-bullet points, pertaining to exculpatory information regarding the allegations, Mr. J’s denial of any non-consensual sexual contact, and an analysis of the believed motive for the allegations.
The team worked very quickly to prepare this information and submit it to the County Attorney’s Office for their review which was successful in getting the Prosecutor’s Office to “decline to file charges against” Mr. J.