State v. Mr. H (DMC No. 17547) – (6 Counts) Juvenile Sexual Conduct with a Minor (8-year-old Minor/17-year-old Defendant) Dangerous Crimes Against Children, and (1 Count) Felony Sexual Abuse (DCAC) – Reduced to Attempt and Probation (with Zero Actual Days in Jail) – Maricopa County Juvenile Court (Case No. JV 6XXXXX1)
Mr. H was adopted from Russia when he was 1 years old. The family who adopted him was very religious, and had multiple children in the household. All of the kids in the household were home schooled, and Mr. H was the oldest. Mr. H began to have various issues from a very young age, and these included both alcohol and acting out sexually. He eventually began acting inappropriately with his 8-year-old (nonrelated) step sister.
The Mother began being suspicious that something was going on, when she found various notes in the garbage can that were being passed back and forth between Mr. H and the Victim. When she confronted the Victim, the Victim stated that Mr. H had exposed himself on multiple occasions, had ejaculated, had touched both her butt and vagina, and attempted to put his penis in her vagina on two separate occasions. The Mother immediately called the Phoenix Police Department, and the Department of Child Safety (DCS) was also brought in. The Victim was taken down to Child Help, where she was forensically interviewed and detailed the sexual contact she had had with Mr. H. Mr. H was contacted by Police, and confessed to everything that had been going on. Due to the family dynamics and situation that was involved, Mr. H was arrested and Charged in Juvenile Court (where they could maintain jurisdiction until his 19th birthday). It was at this time that DM Cantor became involved to defend the case.
We put together all of Mr. H’s adoption records, and prepared significant Mitigation. In addition, we spoke with the Church Pastors and various other church personnel who were counseling Mr. H. Lastly, because Mr. H had now been moved out of the household and was living with other church members (until his 18th birthday), DCS was satisfied that a “Safety Plan” was adequately put in place. Ultimately we were able to negotiate a Plea Agreement which included a plea to Attempt with Probation, and Zero Days of Actual Jail. If Mr. H had remained in Juvenile Court, he could have been in prison until his 19th birthday. If the case were “transferred” to Adult Court, he could have spent the Rest of his Life in Prison.
