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State v. Mr. O (DMC No. 8683)

CHILD MOLESTATION (DCAC) and SEXUAL ABUSE NOT CHARGED – State v. Mr. O (DMC No. 8683) (Phoenix Police Department Investigated): Mr. O’s son was in the process of getting a divorce when Mr. O was babysitting his granddaughter. His 12 year old granddaughter later told her mother that Mr. O had touched her and another one of her friends in her vaginal area. Police questioned Mr. O and then we were retained in order to defend him. We had a polygraph administered on Mr. O, which he passed, and we interviewed the 12 year old’s Doctor. The Doctor found that there was never any indication that Mr. O had molested her, and there was some questionability as to whether she was attempting to live with her mom after the divorce. We turned over all of our evidence to Detectives and they agreed that the girl’s allegations were suspect, and it appeared that they were simply trying to live with the girl’s mother, rather than with her father and/or grandfather. If Mr. O would have been charged and convicted of molesting two separate victims under the age of 14, he would have been facing a Dangerous Crime Against Children aggravator which could have resulted in a minimum of 40 years in prison.

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