State v. Mr. M (DMC No. 18234) – (4 Counts) Felony Sexual Assault (“Me Too” Allegation) – Dismissed – Maricopa County Superior Court (Case No. CR2022-110486)
Mr. M had worked with the alleged Victim at Sprout’s at sometime in the past. He called her up, and asked if she’d like to go to a strip club, “since she was bisexual.” She agreed to go with him, and they got to the club (The Dream Palace) at approximately 9:30. They were drinking the entire time at the club, and left around 2:30 in the morning. While they were there. the alleged Victim was getting numerous lap dances by the girls that were dancing there.
They then went to a parking lot, and parked until about 5:30 a.m. in order to see the sun come up. While they were there they were talking about the various kinks and fetishes, amongst other sexual conversation. When they got to her house, she invited Mr. M in, told him he could spend the night on the couch. While the alleged Victim was getting undressed, Mr. M knocked on her door, and she invited him in. As they were sitting on the bed talking, he slid closer to her and began to kiss her. They engaged in oral sex, digital penetration, penile penetration and anal sex. While this was going on, she never told him to stop, or yelled out to her roommate. Later on she told the Police she didn’t want her roommate to know, because then the alleged Victim’s boyfriend would find out she had “cheated on him”.
After they had sex, Mr. M slept next to her for two full hours, before he woke up and went home. Approximately two days later, the alleged Victim told her boyfriend about the incident because “he deserved to know”. However, she said she was Sexually Assaulted, and none of it was consensual.
He then went with her, and had her report the incident to the Police. They also went and had a SANE Examination with a Sexual Assault Nurse Examiner. They obtained her clothing, and they also had her do a “Confrontation Call”. She called Mr. M, and this was recorded by the Detectives. Mr. M was apologetic in a very general way and said “I’m really sorry, I didn’t mean to hurt your feelings, man”. After this point, the Police went and Arrested Mr. M, and obtained a Search Warrant for a buccal swab to get his DNA sample. After he was released from custody, he secured the services of DM Cantor.
We became immediately involved in the case, and interviewed all of the potential witnesses that we could locate. In addition, we challenged the DNA analysis with our own Experts, and it was discovered that Mr. M’s DNA could not be verified on her clothing. Lastly, we pointed out the fact that after the alleged Victim’s SANE examination, she claimed for the first time that she was slapped and choked to the point of near unconsciousness. In other words, her story kept growing and was not believable. As the case was coming closer to Jury Trial, we sat down with the Prosecutors and explained to them that this is merely a case of “buyer’s remorse” from a cheating girlfriend. They ultimately agreed with us, and Dismissed all 4 Counts of Sexual Assault. If Mr. M had been convicted of all 4 Counts, and Sentenced to the maximum, he would have served 63 Years in Prison.
