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Category Archives: 66 Child/Vulnerable Adult Abuse Dismissals

EMBEZZLEMENT/FRAUDULENT SCHEMES ($120,000), MONEY LAUNDERING, THEFT, FORGERY and VULNERABLE ADULT ABUSE all NOT CHARGED –State v. Ms. A (DMC No. 9212) (Apache Junction Police Department DR No. 090819003/Pinal County Attorney’s Office Investigated): Ms. A had become the care taker of a 93 year old woman for the last 8 years of her life. While she was working for the woman, she was given a car, and was also authorized to write checks for a total of $120,000 to herself. In addition, the woman had transferred title of her house to Ms. A’s name. Approximately 1 year after she had passed away, the relatives began looking in to all of the woman’s finances and found out that she had dementia. They claim that Ms. A had taken advantage of a Vulnerable Adult and had stolen all of her possessions.

When Apache Junction Police Department became involved, we immediately had Ms. A take a polygraph test. She passed with flying colors. We ultimately secured an agreement that the title of the house would be transferred back into the relatives’ names, and that the relatives would not be challenging the $120,000 or car that Ms. A had received as compensation for 7 years of care giver services. Ultimately, the Pinal County Attorney’s Office turned down all charges.

Mr. B. had dated a girl who had a brother who was emotionally and mentally disabled. After they had broken up, Mr. B. remained friends with the family. He eventually had her adult brother move in with him so he could “teach him some life skills”. It was alleged that over the course of 2 months Mr. B. physically and emotionally abused this vulnerable adult. He was accused of spraying him with a garden hose, kicking him, and “boxing” his ears until the man developed cauliflower ear (which had to be fixed by way of surgery). He was subsequently charged with 3 Counts of Felony Vulnerable Adult Abuse under Arizona Revised Statute ARS 13-3623, and 1 Count of Felony Aggravated Assault under Arizona Revised Statute ARS 13-1204.

At Jury Trial, we were able to dispel most of the allegations, and he was found Not Guilty of the 3 Counts of Felony Vulnerable Adult Abuse. However, he was found guilty of 1 Count of Aggravated Assault for causing a disfigurement to the man’s ears. He was then sentenced to probation with no Jail time. He was originally facing mandatory Prison time if he was to be convicted of all the charges.

MOTION to CORRECT RECORD to REFLECT DISMISSAL of ALL CHARGES (Child Abuse) GRANTED- State v. Mr. and Ms. S (DMC No. 8279 and, 8280) (Maricopa County Superior Court CR2002-094047): Ms. S had entered into a Diversion Dismissal/ Deferred Prosecution Agreement with the state in 2001. She successfully completed probation and the case should have been dismissed. However, the data base showed that the case was either pending or Ms. S had been convicted. We filed a Motion to Clarify Record/ Motion to Dismiss on behalf of Ms. S, and that motion was Granted and all charges were permanently Dismissed regarding Ms. S.

Dismissed at Jury Trial – Felony Child Abuse and Felony Aggravated Assault on a Child – State v. Ms. J (Oct. 13, 2014) (DMC No. 12366) (Pinal County Superior Court CR2013-00944): Ms. M was married to another woman (our client, Ms. J) who had two children (a 10 year old & a 12 year old).  During the course of the relationship Ms. M’s wife became separated from Ms. M and they were in the process of divorce.  They still shared custody of the children during visitation. At one point, Ms. M’s ex-spouse stated that the two children came home and claimed one had been whipped with a belt across their rear buttocks, and the other had been head butted by Ms. J.

Ms. M’s ex-wife then took the children to the Police and reported the incident.  She secured an Order of Protection, and was given Temporary Custody of both children.  The children were interviewed by Police, and confirmed the stories.  Ms. J was then charged with Felony Child Abuse per Arizona Revised Statute ARS 13-3623, and Felony Aggravated Assault on a Child.

We became involved in the case, and immediately secured the interviews and photographs of the children’s injuries. From the photographs, it did not appear the injuries were remotely close to the injuries described in the Police Reports.  We were also able to demonstrate that these allegations were being potentially used to gain an advantage in the custody battle.  Just prior to Jury Trial, the Prosecutor agreed to dismiss all charges if Ms. J were to do some Diversion classes.   Rather than risk multiple years in prison should she lose a trial, Ms. J agreed to do the classes in exchange for complete Dismissal of all charges.

CHILD ABUSE DISMISSED – State v. Mr. C. (DMC No. 8993) (Maricopa County Superior Court CR2008-180757): Mr. C. lived with his girlfriend and her small children.  Her 5 year old daughter had entered the bathroom and touched Mr. C.’s penis without his permission.  Mr. C. immediately became upset and put her into a time out.  The young girl then told her biological father what had happened, and Mr. C. began being investigated for potential child abuse and possible sex charges.  We were able to prove the Prosecutor that he did not know she was in the bathroom, and that he never gave her permission to see or touch him.  We eventually had all charges dismissed after a 6 month battle with the Prosecutor’s Office.  Mr. C. was facing prison time and potential sex offense registration had we not gotten all charges dismissed.

CHILD ABUSE DISMISSED – State v. Ms. W. (DMC No. 5757) (Maricopa County Superior Court CR2005-048444): Ms. W. had previously been convicted of child abuse and was on probation.  When she had gone to daycare, she saw that her child had a small blood blister on his ear.  When she begun accusing the daycare center, they then called CPS on Ms. W.  Ms. W. was subsequently charged with child abuse by Grand Jury.  We were able to get the case dismissed based upon a faulty Grand Jury proceeding.  Ms. W. was facing a presumptive of 4.5 years in prison.

 

CHILD ABUSE DISMISSED – State v. Ms. G. (DMC No. 5530) (Maricopa County Superior Court CR2005-115311): Ms. G.’s daughter reported to being molested by her biological father, as well as her step father.  When police questioned Ms. G., she denied any knowledge of the biological father molesting her daughter.  She did, however, state that she had some knowledge of her daughter making a previous allegation against her step father.

The step father was eventually arrested and admitted to molesting the step daughter.  Ms. G. was charged with child abuse for not immediately reporting her daughter’s allegations to police.  We were able to show that Ms. G. was reasonable in not believing her daughters claims, as she had investigated them back when it was first reported.  All charges were dismissed against Ms. G.

 

(A483683CR): Mr. M. had been going through a messy divorce and he had dropped off his son at a YMCA day camp. The son had ADHD, and was not happy about the divorce. He told the counselor that his father had hit him, and the counselor called CPS and police. Mr. M. stated that he had simply spanked him for misbehaving. We were able to show CPS and the Maricopa County Attorney’s Office that this did not rise to the level of Child Abuse, and all charges were dismissed.

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