State v. Mr. M (DMC No. 16785) – Felony Sexual Assault – Not Charged – Mesa Police Department Investigated (DR No. 20XX-XXXXXX0)

Mr. M attended a going away party that was held in the summer for the alleged victim, who was moving to Colorado. All of the people at the house had been drinking heavily, including the alleged victim. She later told Police that she had approximately ten alcoholic beverages, and a couple of stronger alcoholic shots. She claimed that at approximately 3:40 a.m., after she passed out in her room, that she woke up and Mr. M’s hand was under her underwear touching her vagina, but there was no penetration. She then said after she woke up, told her parents, and the Police were called. 

When the Police arrived in the early morning, Mr. M was just having coffee, as he had woken up.  He had no idea what the Police were talking about, and he immediately asked to speak with an Attorney. The Police then secured a Warrant, and obtained DNA swabs from Mr. M. 

The victim went to the Mesa Family Advocacy Center, where she was interviewed. In addition, a Forensic Nurse conducted a medical exam and secured DNA swabs. Two days later, she had contacted the Police again, and stated that she desired that there be Prosecution. At this point, Mr. M contacted DM Cantor and secured our services.

We immediately contacted the Detectives and provided them with a notarized Invocation of Right to Remain Silent. We also requested that the DNA results be provided to us as soon as possible. Ultimately, the DNA results from the alleged victim did not contain any of Mr. M’s DNA on her body, clothes, or bed sheets. This would be impossible if there actually had been physical contact between Mr. M and the alleged victim. Due to her state of alcohol intoxication, and lack of any real evidence, we convinced the Mesa Police Department to close the case as “Unfounded”. If Mr. M had been charged and convicted, he would have spent potentially over 15 years in Prison.