State v. Mr. A (DMC No. 18241) – (2 Counts) Felony Sexual Abuse – Complete Dismissal at Jury Trial (Due to Witness/Alibi Defense Presented to Grand Jury after Remand Motion Successful) – Jan 4, 2024 – Maricopa County Superior Court (Case No. CR2023-006045)
Mr. A was a 70-year-old man who was with his friend at the City Hall Steakhouse in Scottsdale, Arizona. A third friend walked up with his date, and introduced her to the two gentlemen. When Mr. A pivoted his chair around to give her a hug, the lady backed away quickly, and then went outside with the gentleman she came into the steakhouse with. While they were outside, she lit up a cigarette and smoked the entire thing. She apparently stated that Mr. A had grabbed her vagina through her dress with an uppercut motion as he was giving her a hug, and she claimed she said “what are you, Trump?” The couple then went and reported this to the Bar Manager, and the Bar Manager gave them each a glass of wine (they had previously split a full bottle prior to walking up to Mr. A and his friend). The Manager then talked to Mr. A and his friend, and they both denied that this occurred, and then they both left.
The next day, the woman called the Police to make a Police Report. The Officers got the surveillance video from the bar, but they said the view was obstructed. They then went and interviewed the friend that was with her, and his story kept changing. They ultimately interviewed Mr. A and his friend, and he denied everything. He said it was possible his hand may have brushed her while he was hugging her, but even that was remote. Then the Officers said they were going to do a DNA test to see if his DNA was on her dress, in the crotch region, and he said that “my DNA will not be there”. They then secured a Search Warrant and got a buccal swab from Mr. A.
Mr. A then sought out the services of DM Cantor, and we immediately became involved in the case. We contacted the Detective, and the Detective stated he was waiting on DNA results, and he was not going to move forward until those results were obtained. The case went by for almost two full years, with the alleged Victim pestering the Detective every month. Eventually, the Detective became frustrated and submitted the case for Charging to the County Attorney’s Office without DNA results.
We challenged the first Grand Jury indictment, and the Judge threw out the case and remanded it back to the Grand Jury. The DNA results then arrived, and it showed that there were three different males’ DNA on her dress in the crotch region, but Mr. A’s was not one of them. They went back to the Grand Jury, and neglected to mention this fact to them. As we were fighting the case, we filed another Grand Jury Remand Motion, and just prior to the Jury Trial starting, that Motion was Granted. The State chose to Dismiss the Case in its entirety, and Mr. A has No Criminal Conviction on his Record.
