State v. Mr. P (DMC No. 16285) – Felony Public Sexual Indecency – Not Charged – Apache Junction Police Department investigated (DR No. 20XX-XXXXXX3) & Pinal County Attorney’s Office “Declined Charges”.
At the time these allegations were made, Mr. P was a 67-year-old retiree. Mr. P was accused of publicly masturbating outside of his home in the view of a 13-year-old girl. Police had contacted Mr. P to schedule an interview, to find out his side of the story. Without seeking legal advice first, Mr. P met with the Detective and provided information regarding the day of the alleged incident. Although Mr. P denied the accusations to police, the Detective indicated that there were videos of him committing the crime. At this point, Mr. P asked if he “needed a lawyer” and the Detective told him that he could do what he want, with respect to a lawyer, however, the case was being submitted to the Pinal County Attorney’s office for charging decisions.
Upon being retained, our Pre-Charge Team staffed the case immediately and began taking action. We first met with the client and obtained a detailed timeline of the incident, along with gathering significant mitigation pertaining to his life. We also sent a Trebus Letter to the Pinal County Attorney’s office, notifying them of our representation, and informing them that Mr. P wanted to inform the Grand Jury, that he would be available to testify to the Pinal County Grand Jury, if they desired to hear from him. We also arranged for a Polygraph examination of our client and drafted proposed questions for that Polygraph examination. This Polygraph focused on whether Mr. P ever exposed himself to a minor for sexual gratification or whether Mr. P ever masturbated in front of the minor. Mr. P’s Polygraph showed that no deception was indicated and he denied ever masturbating or exposing himself to a minor.
After moving very quickly to gather this exculpatory information for Mr. P, knowing that the case had already been submitted to the Pinal County Attorney’s Office, we reached out and contacted the attorney reviewing the case for charging. We also submitted a detailed Trebus/Bashir Letter to the assigned County Attorney, specifically listing Mr. P’s denial of the allegations, a copy of the passed Polygraph report, and a detailed description of what actually occurred that day.
As a result of the information presented in the Trebus/Bashir letter, the Pinal County Attorney’s Office “declined to file charges” against Mr. P.