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State v. Mr. E (DMC No. 13760)

FELONY SEXUAL ASSAULT NOT CHARGED – State v. Mr. E (DMC No. 13760) (Phoenix Police Department DR No. 2013-XXXXXXXX): Mr. E, a 17-year-old high school student, found out through the grapevine at school that his ex-girlfriend, was making allegations that he had Sexually Assaulted her per Arizona Revised Statute ARS 13-1406. After learning of this he and his family retained our services. This was prior to any police contact. Once our services were retained, I met with the Pre-Charge team and we decided to (1) determine if we could obtain text messages through T Mobile, (2) send a Trebus letter to the Maricopa County Attorney’s office, (3) order a copy of the police report if available, (4) have our client submit  to  a  polygraph  examination,  and  (5)  contact  the  Detective  and  provide  any  passed polygraph to the Detective. After submitting a Trebus letter to the Maricopa County Attorney’s office and submitting a request for the police report, we immediately reached out to the Detective from the Phoenix Police Department.

Two days after being retained, we had our first contact with the Detective where she discussed the alleged allegations being made by the former girlfriend. It was learned at this time that this report was made a year after the alleged Sexual Assault occurred. Immediately following this conversation and obtaining information regarding the specific allegations, we scheduled Mr. E for a polygraph. The Pre-Charge team crafted the three questions to be asked during the polygraph examination including, “Have you ever had nonconsensual sex with Ms. M?”, “Did you ever force Ms. M to have sex with you?”, “Did Ms. M ever say ‘no’ during any of your sexual contact with her?”. These questions along with a letter were submitted to the polygraphist.

After receiving a passed polygraph report from the polygraphist, the Detective was informed of the results. The Detective requested the passed polygraph results and indicated, after reviewing it, she would let us know if the case was going to go any further. That same day we emailed a copy of the report to the Detective. A month after getting on board on Mr. E’s case, we received word from the Detective that the case would be “closed” as there was no evidence to support that a crime was committed.

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