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State v. Mr. C (DMC No. 8906)

DISMISSED | 10 COUNTS of SEXUAL EXPLOITATION of a MINOR/CHILD PORNOGRAPHY DISMISSED– State v. Mr. C. (DMC No. 8906) (Maricopa County Superior Court CR2007-006836): Mr. C. was a 67 year old grandfather who was home when the police raided his house.  They claimed that they had obtained information that Child Pornography was downloaded to a computer within the house.  Mr. C. invoked his right to remain silent, and his wife and grandkids (who lived with him) were interviewed.  Mr. C.’s wife stated that Mr. C. was suffering forms of dementia and that he “did not listen to her”, and she believed he downloaded the images.  He was ultimately charged with 10 counts of Sexual Exploitation of a Minor (Child Pornography) which carried a minimum sentence of 100 years of “day for day” prison time.  Due to various flaws in the case, combined with securing Mr. C.’s medical records, we eventually filed for a “Rule 11” Competency Hearing.  Charges were dismissed based upon Mr. C.’s lack of competency. We also secured assurances from the County Attorney’s Office that if Mr. C. was restored to competency, they would not refile charges.

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