State v. Ms. S (DMC No. 17832) – Felony Failure to Report a Sex Crime as a Mandatory Reporter (11 and 17-year-old Minors/34-year-old Adult), and Felony Child Abuse/Neglect – Not Charged/”Unsubstantiated” – Gilbert Police Department Investigated (DR No. 20XX-XXXXXXXXX2) and Department of Child Safety Investigated
Ms. S was a 62-year-old grandmother, who lived with her son (who is 34 years old), and his two biological daughters (11 years old, and 17 years old). Ms. S’s son had gotten Divorced seven years prior, and was in a Custody Battle with his ex-wife. He also had a drug problem and would sleepwalk at night. At some point, the two girls claimed they were Molested by their biological father, and they claimed that they told their grandmother who told them to not tell anybody else. Eventually, the school contacted the Department of Child Safety, and an investigation was conducted. That Investigation was “Unsubstantiated” regarding the claims of the daughters. However, the Gilbert Police Department became involved and not only were investigating Ms. S’s son, but also Ms. S for Failure to Report a Sex Crime as a “Mandatory Reporter”. It was at that time she secured the services of DM Cantor.
Once we became involved the first thing we did was contact the Gilbert Police Department’s Detectives. We also secured copies of all Police Reports. In one of the Police Reports, it stated that the older daughter had said “I don’t like being around my dad because he makes me feel uncomfortable”, but there was no specific mention of a sex crime. We also prepared a “Trebus/Bashir” Letter and forwarded it to the Deputy Maricopa County Attorney in their Sex Crimes Charging Bureau. In that letter, we laid out a 32-bullet point list explaining that Ms. S did not have knowledge of the sex crime. The only thing she was ever told by the granddaughters is that one night one of them woke up, and her son was standing in the room with them.
Ultimately, the Deputy Maricopa County Attorney made the decision to “Not Charge” Ms. S. Had she been Charged, it could have resulted in her being a Convicted Felon, which could have affected her retirement benefits, along with potential Prison Time. Instead, she has No Criminal History and is still a loving and doting grandmother.
