State v. Mr. S (DMC No. 16408) – Felony Child Molestation (Dangerous Crimes Against Children) – Dismissed (after Grand Jury Remand Motion Granted) – Maricopa County Superior Court (Case No. CR2017-136776)
Mr. S. was a substitute teachers for a local grade school, who had been brought in to cover a class. While he was there, 2 particularly problematic students accused him of inappropriate touching. Specifically, they claimed that he snapped one girl’s bra strap, and then put his hand on her “lap and moved it around her special area.” They claimed he had done this 3 times, and specifically touched her “private area.”
When Mr. S was contacted, he denied anything inappropriately happening. When other Witnesses were interviewed, most said they saw absolutely nothing. Ultimately, he was Arrested and Charged, for both Felony Child Molestation and for Felony Aggravated Assault on a Child. His Bond was set at $100,000 cash.
He then retained DM Cantor in order to Defend him. We were able to have the Bond Reduced from $100,000 cash to $35,000 surety. This meant that only $3,500 went to a Bondsman, and he was then allowed to depart the Jail.
During our Defense, we pointed out numerous flaws in the original Grand Jury proceeding which was held shortly after his Arrest. When we filed a Motion with the Court, and the Judge Remanded the case back to the Grand Jury to make a Probable Cause determination. At that point, we had filed a Trebus/Bashir letter demanding that the Grand Jury be told that Mr. S wished to make a statement. The Second Grand Jury took up that request, and he was questioned and testified to that Grand Jury. Ultimately, the case was Not Recharged and all Charges were Dismissed regarding Mr. S.
Originally, Mr. S was facing a Minimum of 10 years in Prison, with a potential Maximum of 24 years. Instead, he has No Criminal Record and he is a free man today.