State v. Mr. B (DMC No. 18299) – Felony Sexual Conduct with a Minor (64-Year-Old Adult/2-Year-Old Minor) Dangerous Crimes Against Children – Not Charged/”Case Closed” – Phoenix Police Department Investigated (DR No. 20XX-XXXXXXXXX3) and DCS Investigated (DCS No. 1XXXXX7)
Mr. B was 64 years old, and had been married for 34 years. They had a Daughter together who was now 34 years old. That Daughter is a Pathological Liar, has been diagnosed with Bipolar Disorder and Personality Disorder. She also tested positive for meth in the past, was currently on drugs and mostly living in her car. Mr. B and his wife had not helped out their Daughter in a very long time, and she has not lived with them in a long time, because she knew that they would not give her anymore money. In the past, she claimed that Mr. B had “raped her” then changed her story multiple times. Also, the Father of her children was not involved, and the Daughter would deny Mr. and Mrs. B Visitation.
Mr. B had secured the Family Law Practice of DM Cantor, and they received their Visitation Rights back, due to the fact we were able to show that the two minor children were living mainly in the car with her, and one of them had become injured, and they did not feel safe with their Mother. After one of the visitations, she did not come to pick up her children, and she demanded that the Parent Aide who had the children bring them back to her. Once the Parent Aide refused, she called the Police and reported a Kidnapping allegation against the Parent’s Aide. The Parent’s Aide then made sure the Department of Child Safety took the kids out of the Daughter’s care once and for all and placed them with Mr. and Mrs. B.
About three weeks later, one of the younger children made an allegation that they saw Mr. B place his finger inside the vagina of a 2-year-old during bath time. DCS was called and immediately showed up, and took Mr. B from the home. They then began interviewing everyone involved, and the Older Sister Recanted, and said that “my mommy told me to say that so we can go back and live with her”. While the Detective was questioning Mr. B, he asked if he would take a Polygraph Test, and that’s when Mr. B secured the services of the Criminal Law Practice of DM Cantor.
Once we became involved, we had Mr. B submit to a Polygraph which he successfully “passed”. We also provided the Detective with all of the background of prior Custody Battles, and prior false allegations. We showed that she made allegations four years prior and two years prior, that ranged from Kidnapping, to four other Molestation/Sexual Abuse allegations. Also, we provided them with her mental health background. At that time, the Detective made the decision to “Close the Case”. Had Mr. B had been Charged and Convicted of the one charge, given his advanced age, he would have spent the Rest of his Life in Prison.
