State.v. Mr. H (DMC No. 16286) – Felony Sexual Conduct with a Minor – Not Charged – Paradise Valley Police Department Investigated (DR No. 20XX-XXXX6).
Mr. H and his fiancé were in a very toxic relationship. When they first started dating, his now fiancé was a local stripper and ultimately began living off of Mr. H’s wealth. During their relationship, Mr. H’s girlfriend accused him multiple times of cheating on her and had a number of mental health issues causing a strain in the relationship. As a result of her behavior and their toxic relationship, Mr. H. and his fiancé began seeing an unlicensed counselor by the name of Jane. During the counseling sessions Mr. H’s fiancé and the counselor had shared that they had both been victims and survivors of Sexual Abuse. Based on this, an unusual bond formed between the two of them. As a result, the alleged Sexual Abuse and sexual behaviors in Mr. H’s relationship with his fiancé became the focus of their therapy sessions.
Although Mr. H had known that this counselor’s practice was unorthodox, he was not aware at the time that Jane had been enjoined (forbidden) by the Maricopa County Superior Court from engaging in any acts or practices regulated by the Arizona State Board of Behavioral Health since 2010. At one point during one of the counseling sessions, Mr. H’s ex-wife and his biological children with his ex-wife, became a topic of concern. After one of his counseling sessions, the counselor, unbeknownst to Mr. H, contacted his ex-wife asking about the safety of the children. Soon after, Mr. H’s fiancé filed a report with DCS accusing Mr. H of being a danger to his children. After being contacted by DCS, Mr. H retained our services.
Immediately after being retained, the Pre-Charge Team, met and began taking immediate action. We sent a Trebus Letter to the Maricopa County Attorney’s Office notifying them of our representation and began reaching out to local law enforcement agencies to find where a potential report would have been submitted to law enforcement. Ultimately, we found a report with Paradise Valley Police Department and reached out to the Detective assigned. At this point, a copy of Mr. H’s notarized Invocation of Constitutional Rights was sent to the Detective. After speaking with the Detective to try to ascertain what the specific allegations were, we began drafting a detailed Trebus Bashir Letter to send to the Officer for review and determination in charging. This letter listed 32 bullet points of information regarding Mr. H, his fiancé and her mental health issues, the issues surrounding the counselor who was involved in making the original report and encouraging the fiancé to do the same, and Mr. H’s denial of any inappropriate behavior. Additionally, this letter detailed the civil litigation between Mr. H and his fiancé pertaining to the $180,000 engagement ring that Mr. H was seeking the return of. This provided motive for his fiancé to make the false allegations against him.
Based on the information provided in the Trebus Bashir Letter, No Charges were submitted to the Maricopa County Attorney’s Office.