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State v. Mr. S (DMC No. 14002)

FELONY SEXUAL ASSAULT and FELONY CHILD MOLESTATION NOT CHARGED – State v. Mr. S (DMC No. 14002) (Chandler Police Department DR No. 2013-XXXX): Mr. S, at the time was a 62-year-old man, who had previously been accused, tried, and acquitted of Child Molestation in Florida. The allegations in Florida were that Mr. S had molested a family friend who was in her very early teens. The alleged victim had accused Mr. S of Sexually Assaulting and Molesting her in Florida, Colorado, Arizona and Illinois.  In 2000, the Florida case resulted in a trial where Mr. S was acquitted. Although allegations have been made in other states, Mr. S had never been contacted by law enforcement until 2013 when Detectives came to his home in Arizona and told him that this case had fallen through the cracks and was being reactivated regarding Sexual Assault per Arizona Revised Statute ARS 13-1406, and Child Molestation per Arizona Revised Statute ARS 13-1410.

Immediately after being retained, I met with our Pre-Charge team to discuss a plan of attack. Specifically, we discussed (1) obtaining Affidavits for necessary witnesses in the case, (2) obtaining a polygraph examination on our client, (3) reaching out to the Detective immediately, (4) researching the issue of Statute of Limitations and, (5) contact client’s attorney in Florida regarding obtaining a copy of the file. We discussed in depth the fact that these allegations had been made so long ago and police were aware  of  the  alleged  conduct  in  Arizona  more  than  13  years  ago.  Although a Statute of Limitations does not exist for this type of charge presently, we found a need to research whether one existed at the time that the Arizona police obtained their first knowledge.

The first thing we did was reach out to the Detective to advise that we represent Mr. S. We also reached out to the polygraphist group to determine availabilities for our client. Finally, we reached out to a necessary witness, and scheduled a telephone call to speak about the alleged victim. Later, we contacted our client’s former attorney out of Florida. During this call, it was also suggested that I speak with Mr. R who was also involved in the trial. We spoke with Mr. R and obtained information regarding the trial and case number. A week after that call, we received an email with documents from the Florida case. After having left multiple messages, we spoke with the Detective regarding the investigation. We obtained a DR number from 1998 and 2012. He advised that charges were going to be submitted to the Maricopa County Attorney’s Office. We informed the Detective that we may have information to provide to him for purposes of making a decision on charging and obtained contact information as to where to send that information.

After obtaining a passed polygraph examination, we drafted and submitted a letter to the Detective regarding our client’s voluntary polygraph examination. Approximately a month and a half after submitting this letter to the Detective, he contacted our office advising that the case had been “closed out” because there is no evidence to prosecute.

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