State v. Mr. B (DMC No. 15105) – (5 Counts) Felony Child Molestation (DCAC) – Not Charged – Phoenix Police Department Investigated (DR No. 20XX-XXXXXXX3).
Mr. B and his family were planning on relocating from Arizona to California. His 13-year old stepdaughter was not happy about this because she liked being in school in Arizona and had many friends. She made an allegation to a friend of hers that she was being touched inappropriately by Mr. B, and then her friend had her report it to the School Resource Officer, who was with the Phoenix Department.
She told the School Resource Officer that this had happened 5 times over the last couple of years. She said the first time was in a hotel room in Texas while she was laying in bed with her cousin while other relatives were in the room. She claimed Mr. B snuck in at night and touched her. The other 4 incidents all occurred in her bedroom in Arizona. She also went on to state that the first two times she “thought she was dreaming.” They then did a medical exam which found no trauma, and they gathered DNA swabs from her ears and her vagina.
The Police then did a Confrontation Call where they had his stepdaughter get on the phone and accuse Mr. B. of touching her. He did not know the police were on the phone and he stated “oh my God,” “get your mother and tell her, “and “why are you making all of this up.” He continued to deny all allegations. Eventually the mother was contacted and she immediately believed her daughter. However, about a week later, she called the officers and told them that she was concerned that her daughter may be making this story up and she may be lying.
Mr. B’s ex-wife who is the biological mother of his other daughter who also lived with him, was contacted by Detectives. She immediately filed to sever custody from Mr. B. We were involved in the case and we attended the Custody Hearings in order to hear all of the evidence. We utilized the statements that we gathered to present to the Detectives to show that Mr. B did not commit any crimes.
A DNA swab was then taken from Mr. B’s mouth. It was compared to the swab of his stepdaughter’s ears and vagina. No DNA was found on her vagina whatsoever. On her ears, there was YSTR DNA showing that there were two male contributors. Officially, they could not rule Mr. B in or out as one of the contributors. In addition, because it was simply on her ears, it could have been “touch-transfer” from her own hands after simply touching any of boys that she came into contact with at school. Ultimately, we were able to package up all the information and present it to the Detective. They reviewed all of the evidence involved and presented it to the Maricopa County Attorney’s Office. The Maricopa County Attorney never charged Mr. B with crimes related to his stepdaughter’s allegation. If he would have been charged and convicted on all 5 Counts, he would have spent the rest of his life in prison.