State v. Mr. R (DMC No. 13858) – Felony Sexual Conduct with a Minor (37 year old adult/7 year old minor) (Dangerous Crimes Against Children) & Felony Child Molestation (Dangerous Crimes Against Children) – Not Charged – Tucson Police Department Investigated (DR No. 20XX-XXXXXXX7) & Pima County Attorney’s Office “Turned Down Prosecution”.
Mr. R was living with his girlfriend and her 7 year old daughter. The 7 year old daughter had Asperger’s Syndrome and was on the Autistic Scale. Her father lived in Ohio and the young girl was to return there. At one point immediately prior to these allegations she had called 911. When the Police arrived and talked to her, she said had done it “because I was bored”.
Mr. R’s girlfriend had been sexually abused in the past, and was very sensitive to those issues. When the 7 year old claimed that she had been molested by Mr. R, the mother immediately called the Police. When the Police began interviewing the young girl, she claimed that she had been forced to perform oral sex on Mr. R at knife point, and he told her he would poke both of her eyes out if she had told anyone.
Detective’s contacted Mr. R, and he denied all allegations. He then retained our services and we became involved. We had Mr. R perform a Polygraph Test and a Voice Stress Analysis Test. He passed both of those with flying colors, and those were made available to the Detectives and the Pima County Attorney’s Office by way of a Trebus/Bashir Letter. In addition, we provided past medical records of the young girl. Lastly, the girl’s mother had decided that the girl had fabricated the story in order to move to Ohio, and she agreed to being a cooperating witness for Mr. R.
Ultimately, the Tucson Police Department routed the case for prosecution to the Pinal County Attorney’s Office. The Prosecutor reviewed the evidence and declined to prosecute based on “no reasonable likelihood of conviction”. If Mr. R had been charged and convicted, he could’ve spent the rest of his life in prison. As it is, he has no criminal record whatsoever.