State v. Mr. A (DMC No. 17856) – Felony Child Molestation (54-Year-Old Adult/14-Year-Old Minor) Dangerous Crimes Against Children, and Felony Child Sexual Abuse (DCAC) – Not Charged/”Case Closed” – Phoenix Police Department Investigated (DR No. 20XX-XXXXXXX4)
Mr. and Mrs. A had fostered two Native American girls from the Reservation who had come to live with them when they were five years old and younger. The older girl had a cleft palate, had exhibited signs of hoarding food and early masturbatory behaviors (typical of children who are Sexually Abused at a young age). Approximately two years prior to the allegations, the family had finalized an Adoption of both girls. While the alleged Victim in the case had just entered High School, she would steal electronics, headphones and various things from her school. She would also steal out of the refrigerator, and the Foster Mom had noticed in one report that “she had lied about having homework two times” and “she has been taking items from her older foster sister”. Some of her behaviors were caught on the Nanny Cams that were located within the house.
One night, the alleged Victim informed her Aunt that her adopted Father was acting bizarre the night before, calling her “the devil”, and she said she thought that he may have been drunk. She claimed that he came into her bedroom and touched her in the breast and vagina area. The Department of Child Safety and Phoenix Police Department were immediately contacted at that point. They made contact with Mr. A, and he then secured the services of DM Cantor.
We immediately had Mr. A take a Polygraph Exam, in which he had “passed”. In addition, we went in with him to the Police Department and sat with him while he provided an Interview. We also turned over all the Adoption Records to the Detective, and the alleged Victim’s Individualized Education Plan (IEP) that she had in the school, which indicated she had a lag on verbal and comprehension skills. Lastly, we provided her Counseling Records, and Internet Records showing that she had been soliciting older men on dating websites under fake profiles.
The Detective also wanted to see any additional records that we possessed. This included records of the alleged Victim’s Anxiety, and her Self-Inflicted Wounds. We provided the Medical Records of Mr. A which showed his recent skin cancer surgery and medications. We also provided a voluntary buccal swab, so they could test for DNA. The Detective then went to the alleged Victim in order to secure more evidence, and she refused to provide a buccal swab and stated she no longer wished to seek Prosecution. It was at this point that the Detective ultimately “Inactivated” the case. Had Mr. A been Charged and Convicted of these crimes, he could have spent the Rest of his Life in Prison.
