State v. Mr. C (DMC No. 16284) – Felony Sexual Abuse & Felony Kidnapping – Not Charged – Scottsdale Police Department investigated (DR No. 20XX–XXXX9).
At the time his allegations were made, Mr. C was a 27-year-old manager for a local bank. Mr. C had been accused of Sexually Abusing an employee at the bank and holding her against her will while at his house. These allegations came after Mr. C and this employee had gone to dinner together one evening after work. After dinner they went to his apartment to hang out and the employee confessed her frustration with the bank as she was being passed over for promotions. While there, the two were flirtatious with each other, and were play wrestling in the living room and the bedroom. At the end of the evening, Mr. C had walked his co-worker to her car. Unbeknownst to him, this employee then made allegations that he Sexually Abused her by grabbing her breasts and vagina, and held her in his apartment against her will. Mr. C found out about these allegations when Police arrested him at his place of business.
Upon being retained, our Pre-Charge Team met and immediately took action. First, we sent a Trebus Letter to the Maricopa County Attorney’s Office advising them that if the case was presented to a Grand Jury, Mr. C would like to be present and testify if the Grand Jury wished to hear from him. We also emailed the assigned Detective a signed and notarized copy of Mr. C’s Invocation of Constitutional Rights, and reached out to the Detective to discuss the allegations. We moved very quickly and got Mr. C in for a Polygraph examination immediately. Mr. C’s Polygraph showed that no deception was indicated and he denied ever holding his employee against her will, ever intentionally touching her breasts, or ever intentionally touching her vagina. We prepared a detailed Trebus/Bashir Letter and submitted it to the Detective for review in his determination of whether he would submit charges to the Maricopa County Attorney’s Office. This letter delineated Mr. C’s denial of the accusations, his passed Polygraph examination, and an explanation of what had occurred while at his home.
The investigating Detective completed his investigation and ultimately submitted the case along with our Trebus/Bashir Letter to the Maricopa County Attorney’s Office to make a determination of charging. After reviewing the detailed information in the Trebus/Bashir Letter and other factors surrounding the case, the County Attorney’s Office declined to file felony charges and routed the case to the City Prosecutor for review. The City Prosecutor’s Office never filed charges against Mr. C.