State v. Mr. H (DMC No. 13187) – Felony Child Molestation (63 year old adult/13 year old minor) (Dangerous Crimes Against Children) – Not Charged – Phoenix Police Department Investigated (DR No. 20XX-XXXXXXX7).

Mr. H was 63 years old and married a woman and moved in with her. Her granddaughter lived in the house, and did not like Mr. H. She also did not like the strict rules that were imposed inside the household. She then made an allegation that Mr. H had sat next to her on the couch and had sucked on her left breast.

We became involved in the case, and contacted the Detectives. During the investigation it was discovered that the girl had made an allegation against her biological father with the same type of incident 7 years prior. That investigation was unsubstantiated. We also interviewed other family members that indicated she has a history of lying and nobody really believed her. She was ultimately granted her wish and was allowed to live with her biological mother. Due to our involvement, the Detectives closed the case and chose not to route it for prosecution to Maricopa County Attorney’s Office. If Mr. H had been arrested or convicted, he very well could have spent his remaining days in prison.

State v. Mr. T (DMC No. 13978) – (2 Counts) Felony Child Molestation (32 year old adult/12 & 14 year old minors) (Dangerous Crimes Against Children) – Not Charged – Phoenix Police Department Investigated (DR No. 20XX-XXXXXXXXXX6)

Mr. T had been with living with his girlfriend for 12 years, and he was considered to be a “step-father” to her 4 kids. One of the daughters had sent an Instagram to one of her friends stating “can you keep a secret, my step-dad has been touching me while I sleep for the past month”. When the parents were made aware, the Police were subsequently called and an investigation ensued. The girls had indicated that Mr. T would come to their bedrooms at night, and would rub them between the legs while they pretended to be asleep.

Mr. T was contacted by the Police and immediately retained our services. We disclosed to the Detective that two other adult males who were blood relatives of Mr. T, were living at the house during this time period. Both of them were brothers and Mr. T looked a lot like them. The girls did state that they had never actually saw the face of the person they alleged was touching them, due to the phone light would be in their face and they would pretend to be asleep. They also acknowledged it was possible it was one of the other males that was in the house. This, combined with the fact that there was no DNA or Forensic Evidence to tie Mr. T to the crime, allowed us to convince the Detectives to close the case. If Mr. T were to have been charged and convicted of these crimes, he could’ve spent decades in prison. However, No Charges were ever filed and he has a clean criminal record.

State v. Mr. R (DMC No. 13220) – Felony Sexual Conduct with a Minor (21 year old adult/11 year old minor) (Dangerous Crimes Against Children) & Felony Child Molestation (Dangerous Crimes Against Children) – Not Charged – Peoria Police Department Investigated (DR No. 20XX-XXXXX7)

Mr. R’s 11 year old cousin and her three older sisters were left at home while the parents went to Laughlin. The 11 year old became extremely upset that her parents weren’t at home, and she began crying and called them to come home early. They told her that they would not be coming home and to stay home with her sisters and their cousin, Mr. R.

Shortly after that, the 11 year old told her older sisters that she did not like Mr. R, claiming that he had molested her in the past. The sisters then called the parents and they came hold immediately from their trip. The Authorities were contacted, and that’s when we became involved in Mr. R’s case.

We interviewed the parents and the grandparents, and they all indicated that they did not believe the child’s allegations. In addition, Mr. R provided statements to the Detectives denying all allegations. Lastly, the alleged victim’s father ultimately refused to allow his daughter participate in any type of prosecution. In other words, he did not believe her allegations.

We packaged all of this information and sent it to the Detective pursuant to a Trebus/Bashir Letter. The letter requested that if the case were to proceed to Grand Jury, Mr. R was to be present with us in order to make a statement. Also, all of the previous statements provided by the family members, which called into question the alleged victim’s truthfulness needed to be presented to the Grand Jury. Ultimately, the Detectives closed the case and chose not to route it to the Maricopa County Attorney’s Office for prosecution. If Mr. R had been charged and convicted, he could’ve spent the rest of his life in prison due to the girl’s young age.

State v. Mr. R (DMC No. 13858) – Felony Sexual Conduct with a Minor (37 year old adult/7 year old minor) (Dangerous Crimes Against Children) & Felony Child Molestation (Dangerous Crimes Against Children) – Not Charged – Tucson Police Department Investigated (DR No. 20XX-XXXXXXX7) & Pima County Attorney’s Office “Turned Down Prosecution”.

Mr. R was living with his girlfriend and her 7 year old daughter. The 7 year old daughter had Asperger’s Syndrome and was on the Autistic Scale. Her father lived in Ohio and the young girl was to return there. At one point immediately prior to these allegations she had called 911. When the Police arrived and talked to her, she said had done it “because I was bored”.

Mr. R’s girlfriend had been sexually abused in the past, and was very sensitive to those issues. When the 7 year old claimed that she had been molested by Mr. R, the mother immediately called the Police. When the Police began interviewing the young girl, she claimed that she had been forced to perform oral sex on Mr. R at knife point, and he told her he would poke both of her eyes out if she had told anyone.

Detective’s contacted Mr. R, and he denied all allegations. He then retained our services and we became involved. We had Mr. R perform a Polygraph Test and a Voice Stress Analysis Test. He passed both of those with flying colors, and those were made available to the Detectives and the Pima County Attorney’s Office by way of a Trebus/Bashir Letter. In addition, we provided past medical records of the young girl. Lastly, the girl’s mother had decided that the girl had fabricated the story in order to move to Ohio, and she agreed to being a cooperating witness for Mr. R.

Ultimately, the Tucson Police Department routed the case for prosecution to the Pinal County Attorney’s Office. The Prosecutor reviewed the evidence and declined to prosecute based on “no reasonable likelihood of conviction”. If Mr. R had been charged and convicted, he could’ve spent the rest of his life in prison. As it is, he has no criminal record whatsoever.

State v. Mr. C (DMC No. 12879) – (2 Counts) Felony Sexual Conduct with a Minor (49 year old adult/2 minors; 17 and 14 years of age) – Not Charged – Maricopa County Sheriff’s Office Investigated (DR No. 20XX-XXXXX0).

Mr. C lived in West Phoenix, and was driving back to his apartment when two girls asked if they could catch a ride. When he allowed both of the girls to have a ride, then they indicated that they needed a place to stay for the night. He allowed them to stay in his apartment, and he left the next day to go to a job interview. A neighbor called Mr. C and told him that one of the girls had knocked on their door looking for drugs. When he got back to his apartment, one of the girls was unconscious on his apartment floor, apparently due to a drug overdose.

He called 911 and the Fire Department came to get the girls. While at the Hospital, the 17 year old girl had indicated she had consensual sex with Mr. C the night before. When Police arrived, she then changed her story and said that she had not had sex with him. However, she was worried that Mr. C had sex with the 14 year old. The Police then contacted Mr. C and he retained our services.

Through our investigation, it was discovered that the 17 year old had consensual sex with three other men over the previous three nights due to the fact she was a runaway. Her 14 year old friend had overdosed and had no memory of having sex with anyone. It turned out that the two girls had raided Mr. C’s medicine cabinet when he had gone to his interview. They had also taken Xanax and Robitussin Cough Syrup, and had drank a large amount of his liquor. Ultimately, due to the lack of any physical evidence, we were able to convince the Surprise Police Department to not route the case for charging to the Maricopa County Attorney’s Office. If Mr. C had been charged and convicted, he could’ve potentially received well over a decade in prison.

State v. Mr. W (DMC No. 12717) – (2 Counts) Felony Sexual Conduct with a Minor (Dangerous Crimes Against Children) – Not Charged – Surprise Police Department Investigated (DR No. 20XX-XXXXXX9) & Maricopa County Attorney’s Office “Turned Down Prosecution”.

Mr. W was a 20 year old male who had contacted our office. His twin sisters had been adopted when they were 6 weeks old. Both of them had been exposed to drugs while they were in their mother’s uterus. The twins were now 12 years old and claimed that when they were 4 years old, they were both molested by their brother, Mr. W.

This occurred when one of the girls was in therapy due to mental issues. She stated that she was forced to perform oral sex on her brother when she was 4 years old. She also claimed that this happened to her sister. The Surprise Police Department were then called and began an investigation. They were attempting to contact Mr. W in order to question him further.

We became involved in the case, and we began gathering information on the 2 girls. One of the girls had been recently diagnosed as Schizophrenic, would see things and was convinced she had the power to control waterfalls. The other one suffered from anxiety and panic attacks. We also discovered that the girls had recently been shown a pornographic movie by one of their classmates, and one of them had alleged that she was molested by a different classmate.

Mr. W denied ever touching his sisters, and provided us with letters and a journal that the girls had written. It was apparent from these documents that these girls suffered from delusions and severe mental illness. We provided all of these documents to the Detective in the case. Even so, the case was routed to the Maricopa County Attorney’s Office for filing of charges against Mr. W. Upon reviewing the documents with the Prosecution, it was agreed that they would “turn down” the case for prosecution. Mr. W was Never Charged with any crime. If he were to have been charged and convicted as an adult, he would have been facing 2 Life Counts in Prison.

State v Mr. B (DMC No. 12951) – Felony Sexual Abuse (under 15 years of age) – Not Charged – Goodyear Police Department investigated (Departmental Report No. 20XX-XXX8):

Mr. B was married to a 10 year old girl’s mother whose ex-husband/biological father of the child had accused Mr. B of molesting her. Investigation was conducted by CPS, and the girl was forensically interviewed. She did not disclose any inappropriate touching, and the case was “Inactivated.” Two years later, the girl had begun acting up and she was told to go live with the biological father. At that time, she wrote a four page letter detailing multiple new allegations of touching and molestation by her step-father, Mr. B. Police contacted Mr. B and then he secured our services.

We contacted the Detectives and informed them that we had Mr. B take a Polygraph Test. He passed that test, which indicated he had never touched his daughter’s private areas for a sexual purpose, and he never had her touch him for a sexual purpose. When the biological father was asked to bring in the victim for more interviews, he came up with excuses numerous times as to why she couldn’t meet with the Detectives. Ultimately, she would not corroborate any of the allegations that she made, and Detectives agreed with us and did not file any charges. Although the case was listed as a potential Sexual  Abuse, it could have easily been charged as a Child Molestation. Either way, Mr. B was facing years of prison time, and No Charged were ever filed, and he still has a clean record.

State v. Mr. C (DMC No. 12541) – Felony Sexual Abuse – Not Charged – Maricopa Police Department Investigated (Departmental Report No. DR20XX-XXXXXX0):

Mr. C had suffered a traumatic brain injury (TBI) due to a jet ski accident earlier in his life. This left him blind in one eye, and also he was left with his judgement being impaired. As a member of his local community church, other church goers would help him get to various appointments as he could not drive. On the date in question, Mr. C’s dog was very ill and he needed to go to the veterinarian for potential emergency surgery.

The Senior Pastor of his church asked another church patron, who knew Mr. C, to take Mr. C and his dog to the veterinarian. While they were at the veterinarian’s office, Mr. C got word that the dog was going to be okay, and he hugged the church goer who drove him to the veterinarian’s office. He again hugged her when he was dropped off.

The next day, he was served with an Order of Protection and the Senior Pastor called and informed him that he had been accused of running his hand up the church goers dress and grabbing her breast. He denied this. The Police then came to talk to Mr. C, and he denied all contact and then Invoked his Rights to a lawyer. We then became involved and contacted the Detective involved in the case. We provided medical records to the Maricopa Police Detective showing that Mr. C had a traumatic brain injury and suffered from a judgment disorder. In addition, we had talked to the Senior Pastor, we confirmed that the alleged victim no longer wanted to pursue criminal charges. Ultimately, No Charges were brought against Mr. C. Originally, he could have been facing over two years in prison.

State v. Mr. E (DMC No. 14155) – Felony Sexual Abuse – Dismissed- Kingman/Cerbat Justice Court (Case No. FR2016-00776):

Mr. E was a United States Postal delivery man, and he used to go into a Doctor’s office and joke, kid around, and flirt with the office staff. He walked in one day to deliver the mail, and he walked over to a female employee in order to say hi. While she was on the phone, he poked her on her right side jokingly, and she told him to stop and then he left. She then made the allegation that he touched her breast.

When Mr. E was contacted by Police, he agreed to go down to the station and make a statement. He provided them the same information that he never touched her breast, and that he only poked her on the side. He also said that he used his pointed index finger. The alleged victim’s story then grew to claiming that Mr. E ran his hand up her right side and grabbed her entire breast with his whole hand. Mr. E was subsequently charged with one count of Felony Sexual Abuse.

We were then hired and became involved in the case. At the time of the Preliminary Hearing, the Prosecutors made the decision to Dismiss the Charges, and instead proceed by way of Grand Jury. We provided evidence which included a passed Polygraph Test. We asked that the Prosecutors present this evidence to the Grand Jury by way of a Trebus/Bashir Letter. Ultimately, the Mohave County Attorney’s Office did not proceed forward with any charges and the case was Dismissed. Mr. E has No Criminal Record.

State v. Mr. W (DMC No. 14076) – (2 Counts) – Felony Sexual Abuse & (2 Counts) Aggravated Assault on a Child – Dismissed After Grand Jury Remand Motion Granted – Yavapai County Superior Court – (Case No. P1300-CR-2014-01291):

Mr. W’s wife and he went over to his brother-in-law’s house. His brother-in-law and his wife adopted their grandchild who was now 14 years old. The 14 year old was exposed to meth and heroin as an infant through her birth mother, and she was under treatment for various psychiatric illnesses and was on psychotropic medications. She was also diagnosed with ADHD.

At some point prior to this, Mr. W’s brother-in-law altered his will to benefit Mr. W’s wife, and not his own wife. His brother-in-law’s wife was very upset, and it appeared he had gotten their daughter to make accusations Mr. W. These accusations included grabbing her breasts on two different occasions.

The Police then had the alleged victim call Mr. W in order to “confront” him on the phone. Mr. W denied everything. Then the alleged victim’s mother began making claims that Mr. W admitted to doing these acts. He was ultimately Arrested and taken to the station where he denied all accusations. Later, a Grand Jury was empaneled, which issued an indictment against Mr. W for 2 counts of Felony Sexual Abuse and 2 counts of Felony Aggravated Assault on a Child. He then retained our services to defend him.

Because the Grand Jury Hearing did not include all exculpatory evidence as was requested, and because the Officers also were untruthful when presenting the Grand Jury evidence, we filed a Motion to Remand. When we went in to argue the Motion, the judge agreed that it was a tainted Grand Jury proceeding, and he Remanded the case back for another Grand Jury review. We then filed a Trebus/Bashir letter, which contained all of the information regarding the mental issues of the alleged victim and the surrounding circumstances. At that point, Yavapai County Attorney’s Office made the decision to not proceed back to Grand Jury, and all the charges were Dismissed.