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State v. Mr. M. (DMC No. 8013)

REDUCED | 2 COUNTS of CHILD MOLESTATION (DCAC) REDUCED to ATTEMPT with PROBATION and ZERO DAYS in JAIL – State v. Mr. M. (DMC No. 8013) (Coconino County Superior Court CR2007-0791): Mr. M. had been divorced and had an 11 year old adopted daughter (who was adopted when she was 1 ½) and a 9 year old biological daughter with his ex wife. During his 2 weeks of visitation each summer he would take his daughters to Flagstaff to the Slide Rock Lodge. After returning home from one of the trips, his 11 year old adopted daughter claimed to their mother that Mr. M. had fondled her and removed his exposed penis and “rubbed it on her”. When Police had the alleged victim initiate a “confrontation call”, which was recorded, Mr. M. denied everything. At the end of the call, the alleged victim stated “maybe I was dreaming it”. When Police contacted Mr. M. directly he agreed to do a polygraph test and to answer all questions. After answering questions, a polygraph test was scheduled for a later date, which was cancelled under advice of his attorneys. His ultimately was indicted for Child Molestation, ARS 13-1410, a Dangerous Crimes Against Children (DCAC).

We became involved in the case and were able to secure Mr. M.’s release pending trial. Otherwise, he would have to remain incarcerated until the case resolved. We also had him take a polygraph test in which he passed. During the defense of the case we were able to show that his adopted daughter had a history of exaggerating and making up stories. We also discovered that there were eight empty beer cans found in the waste basket, and Mr. M. had been drinking heavily the night of the alleged incident. He remembered nothing after he fell asleep in front of the TV until he woke up the next morning. The Deputy Coconino County Attorney in charge of the case ultimately offered a plea to “Attempt” based upon Mr. M.’s intoxicated state, which would include probation. At sentencing, we convinced the judge to issue zero days in jail and Mr. M. was required to take alcohol abuse classes. Mr. M. was originally facing 10 to 23 years in prison (day for day) if he were to have been convicted.

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