State v. Ms. D (DMC No. 16900) – (5 Counts) Felony Public Sexual Indecency (with a Child Present) – Not Charged, and “Unsubstantiated” by the Department of Child Safety – Buckeye PD Investigated (DR No. 20XX-XXXXXX5) and DCS (Case No. 10XXXX7)

Ms. D’s husband worked as a teacher for the Buckeye Elementary School District, and had been in a contentious Custody Battle with his ex-wife. The ex-wife had been coaching the 9-year-old and 5-year-old children on how to make allegations against the husband. The Buckeye Police Department and DCS (Department of Child Safety) were called in and Reports were taken. The 9-year-old claimed that Ms. D gave her husband a handjob in front of the children; oral sex in the car in front of the child; sex in the bathroom that the children could see; naked pictures on each other’s phone; and that the child’s father put his fingers in “her butt”. When this occurred DM Cantor’s services were secured to defend Ms. D. 

We became involved and immediately interviewed the husband and obtained a copy of his Divorce file. In addition, we interviewed other people who showed that there was a very contentious Child Custody Battle going on between these two people. A previous Report had been filed with the Maricopa County Sheriff’s Office, and that was the basis for DCS becoming involved in the first place. After the Secondary Report was obtained, we were able to show the Police and DCS that the stories reported were becoming more elaborate from the children.

Once we gathered all evidence, we prepared a “Trebus/Bashir” Letter and provided that to both DCS and to the Buckeye Police Department. Ultimately, DCS “Unsubstantiated” the Child Safety Report, and Buckeye PD Declined to Route the case for Charging to the Maricopa County Attorney’s Office. Had Ms. D been Charged and Convicted of all 5 counts, she could have spent well over a Decade in Prison.