State v. Mr. N (DMC No. 17840) – Felony Kidnapping, (2 Counts) Felony Sexual Assault, and Felony Burglary – Not Charged – Chandler Police Department Investigated (DR No. CH20XX-XXXXX5)
Mr. N was raised in the LDS church, and he had a bizarre relationship with his ex-wife. He had several kids with his ex-wife, and she had post-partum issues that involved suicidal ideation. She also began accusing Mr. N of having an affair of a male coworker. At some point, she secured an Order of Protection and left the State with their three kids. She claimed that he had been Molesting their son in the shower. Mr. N did not contest the Order of Protection, but instead proceeded with a Family Law case and a Divorce.
The Judge in the Divorce case slated “the court believes there’s a high likelihood that the mother has made false allegations in order to improperly deny father parenting time”. The mother then got into counseling, and at a later date, she moved back to Arizona. They eventually started dating again, the Order of Protection was dropped, and they were sharing parenting time based on the previous Orders. They also began having consensual sex for the next several years. They ultimately filed for Divorce a second time. After that, Mr. N’s ex-wife began seeking counseling.
They still were amicable as they would have issue-free children pick up and drop off, and they were also engaging in consensual sex. At some point, Mr. N’s ex-wife began dating another man, and they stopped having sex with each other. Approximately ten months after she began dating this other man, she engaged in consensual sex with Mr. N, and immediately after, had feelings of remorse because she had a new boyfriend. Roughly two months after that consensual sex, Mr. N received a phone call from his ex-wife that was bizarre. She told him that she was at the library, and began accusing him of Rape and Marital Abuse. He denied the allegations and stated “so sorry you feel this way”. This was a “Confrontation Call” initiated and recorded by Detectives.
The next day, he saw his ex-wife at work, and the Police showed up and arrested him. He then invoked his Right to Counsel and immediately got DM Cantor involved. Once we were involved, we gathered all text messages, emails, past therapy sessions and Divorce records. We also had Mr. N conduct a Psychosexual Risk Evaluation, which showed he was not a predator, and he “passed” a Polygraph regarding any allegations of rape. We ultimately presented all of this to the Police, and they agreed that No Charges should be filed. Had Mr. N been charged with the Kidnap, Burglary, and Sexual Assault, he could have spent well over 20 years in Prison.
