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January 10, 2014
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 29 Sexual Assault Reduced, 300 Sex Crime Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. H (DMC No. 4572)

REDUCED | SEXUAL ASSAuLT REDUCED to “attempt” with probation and 1 year jail – State v. Mr. H. (DMC No. 4572) (Maricopa County Superior Court CR2004-037896): Mr. H. was accused of sneaking into his step-daughters room at night and touching her vagina.  His step-daughter was 18 at the time, and she reported the incident to the police and her mother the very next day.  A “confrontation call” was done where she contacted him by phone, and that call was recorded by police.  He made admissions at that time, as well as after he was arrested and questioned by police.  We were able to present substantial mitigating evidence in order to secure an offer to probation along with 1 year of jail, in which he was released during the day to go to work.  He was originally facing up to 12.5 years in prison.

January 10, 2014
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 23 Child Molestation/Sexual Conduct With Minor Reduced, 29 Sexual Assault Reduced, 300 Sex Crime Victories, 38B Sexual Abuse Victories, Apache County Superior Court Victories, Case Victories

State v. Mr. A. (DMC No. 10474)

REDUCED (All) | 7 COUNTS OF SEXUAL CONDUCT WITH A MINOR (DCAC)/3 COUNTS OF SEXUAL ASSAULT/3 COUNTS OF SEXUAL ABUSE ALL REDUCED to “attempted sexual conduct/child abuse” with probation and zero days in jail – State v. Mr. A. (DMC No. 10474) (Apache County Superior Court CR2011-076): Mr. A. was accused of having sex with two different girls that were 14 years old when he was 17 years old. Even though Mr. A. was a minor, the fact that this case was a dangerous crimes against children (DCAC) because the victims were 14 or younger, caused him to be charged as an adult.  He was facing a minimum of 65 years in prison on the sexual conduct with minor charges alone.  We were able to present mitigating evidence, which included a Psychosexual Evaluation showing Mr. R. not to be a risk, and we secured an offer to probation with no further jail.  Although he had been in jail pending the disposition of the case, we were able to resolve the case in a fairly timely manner and he is currently doing very well on probation as a free man.

January 10, 2014
Posted on Author By dmcantor Categories 113 Sex Crime Pre-Charge Victories, 21 Sex Crime Pre-Charge Victories, 300 Sex Crime Victories, 38B Sexual Abuse Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. A (DMC No. 10210)

NOT CHARGED | SEX ABUSE– State v. Mr. A. (DMC No. 10210) (Mesa PD Investigated): Mr. A. was a Doctor who was conducting a standard exam, when a 50 year old patient with mental issues accused him of fondling her breasts while using a stethoscope.  Because Mr. A. had been previously accused of similar conduct in another State, and had a prior civil case filed against him almost 30 years earlier, Detectives began to investigate.  We became involved with Detectives and the Medical Board, and showed that we hired a Private Investigator who had performed research on the alleged victim.  She had made similar allegations regarding others in the past, and had mental issues.  When she was confronted with this by Detectives, she no longer wished to seek prosecution.  No charges were ever brought against Mr. A. and his medical license was not affected.

 

January 10, 2014
Posted on Author By dmcantor Categories 113 Sex Crime Pre-Charge Victories, 115 Assault/Violent Crime Pre-Charge Victories, 21 Sex Crime Pre-Charge Victories, 29A Sexual Assault Pre-Charge Victories, 300 Sex Crime Victories, 500 Assault / Violent Crime Victories, 66-68 Child/Vulnerable Adult Abuse Victories, 68 Child/Vulnerable Adult Pre-Charge Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. B (DMC No. 6764)

NOT CHARGED | SEXUAL ASSAULT/VULNERABLE ADULT ABUSE – State v. Mr. B. (DMC No. 6764) (Glendale PD Investigated): Mr. B. had been married for over 30 years when his step-daughter moved into the same trailer park complex that he lived in.  She was currently under the treatment of “Value Options” for having a mental disability.  They began having a sexual relationship that was consensual, and then she became enraged when he would not loan her money.  She then reported the sexual conduct to Value Options and stated that she was not only sexual assaulted since she had moved into the trailer park, but also 30 years earlier when she was only 14.  Glendale Police investigated and we presented evidence of her attempted extortion.  When they went back to speak with the alleged victim, she no longer wished to aid in prosecution, and no charges were ever brought.  Mr. B. would have been facing decades in prison if he were charged and convicted.

 

January 10, 2014
Posted on Author By dmcantor Categories 113 Sex Crime Pre-Charge Victories, 115 Assault/Violent Crime Pre-Charge Victories, 21 Sex Crime Pre-Charge Victories, 29A Sexual Assault Pre-Charge Victories, 300 Sex Crime Victories, 500 Assault / Violent Crime Victories, 66-68 Child/Vulnerable Adult Abuse Victories, 68 Child/Vulnerable Adult Pre-Charge Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. R (DMC No. 6772)

NOT CHARGED | SEX ASSAULT/VULNERABLE ADULT ABUSE – State v. Mr. R. (DMC No. 6772) (Phoenix PD Investigated): Mr. R. had been married for 13 years, and he had a 36 year old step-daughter who was mentally handicapped and lived in a group home.  His wife accused him of having a sexual relationship with the step-daughter, and Detectives were contacted.  The step-daughter would not cooperate with police, and she also had changed her story that she had originally told to her mother.  We were able to invoke Mr. R.’s 5th Amendment rights, and the Detective had to deal directly with us.  The Detective determined there was “insufficient evidence”, and the case was never sent to the Maricopa County Attorney’s Office for charging.  If convicted, Mr. R. would have faced multiple years in prison.

 

January 10, 2014
Posted on Author By dmcantor Categories 113 Sex Crime Pre-Charge Victories, 21 Sex Crime Pre-Charge Victories, 24-25A Child Pornography Victories, 25A Child Pornography Pre-Charge Victories, 300 Sex Crime Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. H (DMC No. 10626)

 NOT CHARGED (ALL) | CHILD PORNOGRAPHY– State v. Mr. H. (DMC No. 10626) (Century Link Investigated): Mr. H. received a letter from Century Link, along with lawsuit documents that he had illegally downloaded child pornography onto his computer.  He immediately got us involved, and we discovered that multiple people (including his teenage sons) had accessed his computer.  The site that was downloaded allegedly contained “teen porn”.  We were able to keep him from being charged with criminal charges, and had the lawsuit from Century Link dismissed for a small settlement, (due to the fact that “someone” in his household had downloaded the videos).  Mr. H. had originally been facing multiple decades in prison if he were to have been charged and convicted.

January 10, 2014
Posted on Author By dmcantor Categories 113 Sex Crime Pre-Charge Victories, 24-25A Child Pornography Victories, 25A Child Pornography Pre-Charge Victories, 30-32 Indecent Exposure Victories, 300 Sex Crime Victories, 32 Indecent Exposure Pre-Charge Victories, 38 Miscellaneous Sex Crimes Victories, 38C Furnishing Harmful or Obscene Materials to a Minor, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. R (DMC No. 10213)

NOT CHARGED (ALL) | 4 COUNTS of CHILD PORNOGRAPHY (DCAC)/INDECENT EXPOSURE/FURNISHING OBSCENE MATERIALS to a MINOR and PUBLIC DISPLAY of EXPLICIT SEXUAL MATERIAL ALL NOT CHARGED– State v. Mr. R. (DMC No. 10213) (Avondale Police Department Investigated): Mr. R. was a maintenance worker who was observed by another maintenance worker staring out the window touching himself through his pants.  It was alleged that there were children outside the window that he was looking at them at the time. He was initially arrested for “indecent exposure”, but then other maintenance workers said Mr. R. kept a duffle bag at the stop that had child pornography inside of it.  There were images of underage naked girls inside that duffle bag.  When police went to interview neighbors, one neighbor had heard rumors that he had shown pornographic images to children as young as 7 in the neighborhood.  We became involved in the case and sat down with Detectives as they interviewed Mr. R.  Mr. R. denied owning the duffle bag, nor exposing himself or showing explicit photos to children.  Police fingerprinted the photographs and could not find any prints of Mr. R. on the photos.  Detectives were convinced to inactivate the case and did not file persuaded with the Maricopa County Attorney’s Office.  Mr. R. would have been facing a minimum of 40 years in prison if convicted.

January 10, 2014
Posted on Author By dmcantor Categories 113 Sex Crime Pre-Charge Victories, 21 Sex Crime Pre-Charge Victories, 24-25A Child Pornography Victories, 25A Child Pornography Pre-Charge Victories, 300 Sex Crime Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. T (DMC No. 6477)

NOT CHARGED | CHILD PORNOGRAPHY (DCAC) NOT CHARGED – State v. Mr. T. (DMC No. 6477) (Gilbert PD Investigated): Mr. T. took in a roll of film to a Walgreens to have it processed for photographs.  On the roll, were 2 pictures discovered of his daughter exposing herself and touching herself (she was 5 years old).  When Detectives got involved, they executed a search warrant and took all of Mr. T.’s computers.  We sat down with Mr. T. and the Detectives, and allowed them to interview Mr. T.  In addition, we showed Detectives that the person taking these photos was about the same height as the 5 year old, and it was during the 5 year olds birthday party in which many children were present that day.  In other words, another 5 year old child probably took the pictures.  Mr. T. was eventually cleared, and no charges were ever brought.

January 10, 2014
Posted on Author By dmcantor Categories 113 Sex Crime Pre-Charge Victories, 21 Sex Crime Pre-Charge Victories, 24-25A Child Pornography Victories, 25A Child Pornography Pre-Charge Victories, 300 Sex Crime Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. G (DMC No. 6749)

NOT CHARGED | 4 COUNTS CHILD PORNOGRAPHY (DCAC) NOT CHARGED – State v. Mr. G. (DMC No. 6749) (Phoenix PD Investigated): Mr. G. is a gay male who ordered four adult pornography 8 millimeter tapes from EBay.  When he received them, he took them to a local video store to be converted.  While being converted, the employee of the store noticed images of child pornography and called police.  When Mr. G. was contacted, we became involved and brought him into the station to sit down with police in order to be questioned.  We also presented covers of the four boxes, which showed adult males (not children).  Mr. G. had never viewed the tapes, nor did he have any way to view them, prior to taking them into the video store.  After meeting with Detectives, they still routed the file for charges with the Maricopa County Attorney’s Office.  We were able to convince the Maricopa County Attorney’s Office that there was “no intent” and they decided to not bring charges.  Mr. G. was originally facing a minimum of 40 years in prison.

January 10, 2014
Posted on Author By dmcantor Categories 30 Indecent Exposure Dismissals, 30-32 Indecent Exposure Victories, 300 Sex Crime Victories, 600 Drug Crimes Victories, 700 Property Crime Victories, 82A Possession/Paraphernalia Dismissals, 95 Trespass Victories, Case Victories, Justice Court Victories, University Lakes Justice Court Victories

State v. Mr. G (DMC No. 4380)

ALL DISMISSED | INDECENT EXPOSURE/POSSESSION of DRUG PARAPHERNALIA/TRESPASS and INTERFERING WITH AN EDUCATIONAL INSTITUTION ALL DISMISSED –  State v. Mr. G. (DMC No. 4380) (University Lakes Justice Court CR01-01763): Mr. G. was accused of being near a girl’s dormitory at ASU exposing himself while wearing very tight and small red shorts.  When police made contact, they discovered he had some drug paraphernalia on him for smoking marijuana.  They also cited him with trespass, interfering with an educational institution, along with indecent exposure.  When we took the case and interviewed the civilian witness, it was discovered that he was never actually seen exposing or touching himself, this was just the assumption that was made based upon his unusual behavior.  We then convinced the prosecutor that we would most likely succeed on a Motion for “no probable cause for arrest”, and “illegal search”, and the State agreed to dismiss all charges.

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