State v. Mr. C (DMC No. 16341) – (3 Counts) Felony Sexual Conduct with a Minor (Dangerous Crimes Against Children) 54-year-old Adult/8-year-old Minor, (1 Count) Indecent Exposure – Reduced at Jury Trial to Attempt and Probation (with Zero Days in Jail) – Maricopa County Superior Court (Case No. CR2018-149462)
Mr. C’s daughter had come forward to her friends and family members stating that her biological father had forced her to give him oral sex beginning at eight years old and extending over years. The mother immediately reported this to the Police, and the alleged Victim was taken to Child Help where she provided a Forensic Interview. The Detectives then had her do a “Confrontation Call” to her father, which was recorded. Over the course of 30 minutes, there were no admissions made by him to this type of activity. The Police then Arrested Mr. C, and questioned him at the Police station. Ultimately, Mr. C made admissions to some of this activity, but stated he had never forced her to do anything. During this time, he had mentioned the word “getting an attorney”, then the Police kept on questioning him. Eventually, they had him write an “apology letter” to his daughter, which served as a signed confession.
After he was released from Custody, he secured the services of DM Cantor. We immediately obtained all of the Police Reports, and filed various Suppression Motions regarding Denial of Right to Counsel. The case was eventually set to Jury Trial, and the Motion Hearings were scheduled to be held just prior to selecting a Jury. When the time came, Mr. C’s daughter did not show up to the Jury Trial, and she relayed information that she no longer wished to have any prosecution, and that she had left the country. Rather than risk having her come back to the United States and make these allegations again, the Prosecutor offered a Plea of Attempt, which included Probation and Zero Days in Jail. Had Mr. C been Convicted of the original Charges, he would have spent the Rest of his Life in Prison.