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State v. Mr. C (DMC No. 9750)

DISMISSED | CHILD MOLESTATION (DCAC), SEX ABUSE (DCAC) and FELONY INDECENT EXPOSURE – State v. Mr. C. (DMC No. 9750) (Maricopa County Superior Court CR2010-006442): Mr. C. was a 61 year old man who lived across the street from a family who had a 6 year old daughter. He would often babysit the 6 year old daughter, who had emotional problems. She would often take off her clothes and dance naked in his living room and he would have to tell her to stop and immediately take her home to her mother. She would also walk into his bathroom when he would be urinating and try and look at his exposed penis. The girl’s father (who did not live with her or the mother) heard accusations from his daughter that she had been touched by Mr. C. He immediately contacted the Goodyear Police Department and an investigation was conducted on Mr. C.

We became involved and allowed him to be polygraph and voice stress analyzed by the Goodyear Police Department. Although his results were “truthful” on the tests, they still felt he was not telling the truth. Approximately 3 years later, Mr. C. was indicted and charged (long after he thought this issue was closed). His charges included Child Molestation under ARS 13-1410; Sex Abuse under ARS 13-1404; and Felony Indecent Exposure under ARS 13-1402. During our investigation we exposed many flaws in the Detective’s reports, and some out right falsities attributing statements to Mr. C.’s adult children. We also filed a motion to have the Grand Jury indictment remanded based upon these flaws. Just prior to the date of trial, the Deputy Maricopa County Attorney in charge of the case filed a Motion to Dismiss all charges. Originally, Mr. C. would have spent the rest of his life in prison if he were convicted of these charges.

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