State v. Mr. S (DMC No. 16196) – Felony Sexual Abuse (Dangerous Crimes Against Children) 38-Year-Old Adult/13-Year-Old Minor – Not Charged/”Cased Closed” – Phoenix Police Department Investigated (DR No. 20XX-XXXXXXX3)

Mr. S. had been in a relationship with his girlfriend for seven years, and they lived together with her two children. The family was fairly affectionate and often cuddled together on couches and in bed while watching TV and movies. As Mr. S’s girlfriend’s Daughter turned 13 years old, she began becoming more difficult as a teenager. At one point, she alleged that Mr. S reached under her shirt and grabbed her breast, and was erect and rubbing against her while they were cuddling in bed. She stated that she told her mother right away, and then the Police and Department of Child Safety became involved. When Mr. S’s girlfriend found out about the allegation, she confronted him, and demanded he move out of the house. He did so and immediately secured the services of DM Cantor.

Once we became involved, we had Mr. S take a Polygraph Test in which he “Passed”. Also, we had him sign a notarized Invocation of Right to Remain Silent, and sent that to the Detective. Once we received all the Police Reports, we discovered that Mr. S’s girlfriend waited to report the case to the Police until three days after we secured his signed Affidavit and had him take a Polygraph. We also discovered that when the girl was interviewed, she stated that she called her Mother immediately in the morning right after the incident occurred. However, the Mother stated she did not know until later that night. She had no reason (other than doubt) for waiting three days to report it to the Police. 

In addition to the past polygraph, we prepared a “Trebus/Bashir” Letter which denied all allegations. We put an extensive history of the relationship of Mr. S, his girlfriend, and the alleged Victim. Ultimately, a decision was made by the Phoenix Police Detective to “Close the Case”, and Not Route it to the Maricopa County Attorney’s Office. If the case had been Charged and if Mr. S was Convicted, he could have spent well over 5 Years in Prison. Instead, he has No Criminal Record.