State v. Mr. H (DMC No. 17673) – (5 Counts) Sexual Exploitation of a Minor/Child Pornography (Dangerous Crimes Against Children) – Dismissed (Due to Evidentiary Issues) – Maricopa County Superior Court (Case No. CR2022-101445)
The Police had received three separate tips by NEMEC (National Center for Missing and Exploited Children), related to Mr. H’s address and a specific KIK account. During one of the tips, it was discovered that Child Pornography had been downloaded at Mr. H’s IP address. They discovered that there were duplicate files, however, there was no identifiable content to show ownership of the account where the email address was located. They arrived and spoke with Mr. H, who indicated he used to have a roommate who had now moved out. He denied any knowledge of any sexually explicit material or using a KIK account. When Detectives contacted the former roommate, he also denied seeing any Child Pornography, but did admit that he had a KIK account and could not recall his username. That tip was closed as “Unresolved.”
Another Detective in the unit received a different Cyber Tip involving the same address. Once that tip was received, a Search Warrant was obtained, and then Detectives went to Mr. H’s house. When they got there Mr. H was asleep, and Detectives had knocked loudly, then they deployed two noise devices inside the front of the house and the rear of the house. At that time Mr. H opened the door and he was immediately Arrested. He then Invoked his Right to Remain Silent. He ultimately was Charged with 5 Counts of Felony Sexual Exploitation of a Minor, which carried a range of Punishment of 50 years to 120 years in Prison. He then secured the services of DM Cantor.
Once we became involved, we hired a Forensic Expert to analyze the computer. Nothing in the claimed Child Pornography images could actually be linked to Mr. H. In fact, they had trouble even linking it to his actual IP address. It was then discovered that somebody modified the username, and began going onto KIK. All of it looked very suspicious and showed it was not, in fact, Mr. H’s account.
We ultimately met with Prosecutors, and they agreed to Dismiss all Charges against Mr. H. Although he could have gone to Prison for Decades, he is a free man today.