State v. Ms. K (DMC No. 15559) – Juvenile Felony Child Molestation (12-year-old touching a 4-year-old Allegation) – Not Charged/Not Routed to Maricopa County Attorney Juvenile Division, and Ruled as “Unfounded”  – Gilbert Police Department Investigated (DR No. 20XX-XXXXXXXX8)

Ms. K was a 12-year-old female who was accused of Molesting her 4-year-old nephew. She specifically was accused of making him take his clothes off, and putting her fingers in his anus. This allegation was made by her older sister who no longer lived with her stepdad and stepsister. This was due to a contentious Divorce and Custody Battle that occurred between her mother and former stepfather. In fact, the former mother had been charged with filing false allegations in the past due to the Custody Battle. 

When Gilbert PD was contacted, Ms. K’s father secured the services of DM Cantor. At that time, we discovered a previous Gilbert Police Department Report that was filed seven years earlier which listed the alleged victim’s mother (the person who reported this crime) as a victim of Child Molest. In that report, the stepfather was listed as a suspect. That case was determined to be “Unfounded”. 

We then found another report filed with the Department of Child Safety (DCS), in which interviews were conducted and the mother claimed the daughter was the victim of Child Neglect by her stepfather. That report was also ruled to be “Unfounded”. We also allowed an interview to be conducted with Ms. K and the Police, and she denied all allegations. This interview occurred at her school outside of the seventh grade classroom. 

After DNA evidence was obtained, and found to be lacking, the Gilbert Police Department ruled the case as “Unfounded” and did not forward it to the Maricopa County Attorney’s Juvenile Division.