State v. Mr. D (DMC No. 18166) – (16 Counts) Felony Sexual Conduct with a Minor (24-year-old with 15-year-old) – Reduced to Child Abuse Class 6 Open/Misdemeanor and Probation (with 90 Days in Jail) – Maricopa County Superior Court (CR No. 2022-002448)
Mr. D had been working out at a Lifetime Fitness, when he befriended another family. After years had gone by, he began a romantic relationship with their daughter. This occurred while she was 15 and 16 years old. Eventually, this relationship turned sexual in nature. At one point, a Snapchat was intercepted by the alleged victim’s brother, in which the alleged victim asked for contraception (Plan B). This was then shown to her father, and her father confronted his daughter.
The Police were then contacted, and the alleged victim was brought into the station. She admitted that they had sexual intercourse, and she also turned over her phone which contained texts, photos and videos, along with a greeting card which was impounded as evidence. She also told them that all the sexual contact would occur in the parking lot at the Lifetime Fitness in Gilbert, Arizona.
The Police brought in Mr. D in order to question him, and he Invoked his Right to Remain Silent. They took his cellphone, and they were able to analyze the images with a Forensic Cellebrite Examination. They found numerous “artifacts” and other information which confirmed the alleged victim’s statements. He was ultimately charged with 16 counts of Sexual Conduct with a Minor. It was at this point that he retained the services of DM Cantor.
We were able to go in and attack the Forensic Analysis of Mr. D’s cellphone. Also, many of the videos did not contain faces, so they could not prove it was him. In fact, one of the images on the girl’s phone was of another male who was naked, not Mr. D. While the case was proceeding, the alleged victim secured an Order of Protection against Mr. D, that she said he had violated. She provided a binder to the police, which included running details of all of their sexual encounters. Ultimately, we were able to negotiate a deal to a Class 6 Open/Misdemeanor which included Probation and 90 days in Jail. If Mr. D successfully completes his Probation, then his case will be designated a Misdemeanor, and he will have No Felony Conviction on his record.
