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State v. Mr. S (DMC No. 8688)

CHILD MOLESTATION (DCAC) NOT CHARGED – State v. Mr. S (DMC No. 8688) (Gilbert Police Department Investigated): Mr. S was a 79 year old grandfather who was babysitting his step granddaughter and her friend when four weeks later, they accused him of touching them in the vaginal area over their clothing. We began an investigation and were able to present the Detective medical records showing that Mr. S was currently under treatment for prostate Cancer and had been impotent for the past 6 years. In addition we had Mr. S submit to a polygraph examination (which he passed), and we sat with the Detective and allowed him to interview Mr. S.

In spite of all this, the Detective still forwarded a report requesting charges against Mr. S for two counts of child molestation (a Dangerous Crime Against Children) to the Maricopa County Attorney’s Office. We met with the Prosecutors and convinced them that no charges should be filed against Mr. S. If he were to have been charged and convicted, he would have been immediately taken into custody without bond until a trial occurred. At his late age, this surely would have killed him.

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