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Category Archives: 71 Kidnapping Dismissals

REDUCED | ARMED ROBBERY/KIDNAPPING – (DMC No. 1816) (Maricopa County Superior Court No. CR2000-090604): Mr. P. and a co-defendant were owed money from some individuals. They were alleged to have gone into the house with ski masks and guns in order to get their money back. There was a pizza delivery man inside of the house along with others, who ran out of the house and police were called. Although Mr. P. was facing a mandatory minimum of over 10 years in prison, we were able to reduce all charges to a low level burglary which include probation and 60 days in jail.

DISMISSED | SEXUAL ASSAULT & KIDNAPPING (Maricopa County Superior Court No. CR2006-172515): Mr. R. was at a bar when a young woman began “hitting” on him. They went out to his vehicle, and they engaged in consensual oral sex. The girl had been drinking heavily, then went back inside. When confronted by her friends, she said she was forced into having sex with Mr. R. The police came, contacted Mr. R. in the parking lot, and questioned him. He initially denied any sexual conduct (because he was married), then finally told them he had engaged in consensual sex. We were able to show that the police had lost audio and video recordings (and thereby destroyed evidence), combined with the alleged victim now claiming she was drunk and didn’t remember much of the incident at all. Ultimately the State moved to dismiss all charges just prior to trial. Mr. R. had been facing potentially over 30 years in prison.

Mr. G was a family friend with a lady who lived in the valley, and he ended up taking her daughter and son over to his house to spend the night. He was then accused of touching the 17 year old daughter’s breasts while giving her a back rub, and penetrating her vagina with his fingers. She alleged that she felt she could not leave his house. Mr. G. was ultimately charged with Felony Sexual Assault under Arizona Revised Statute ARS 13-1406, Felony Sexual Abuse under Arizona Revised Statute ARS 13-1404 and Felony Kidnapping under Arizona Revised Statute ARS 13-1304.

The Police also claimed that they conducted a “confrontation call” in which the alleged victim confronted him on the telephone and he admitted to these acts. However, he stated he thought that his behavior was consensual and that the alleged victim was always free to leave at any time. At Trial, we presented all of this evidence, along with an extensive history of the alleged victim lying to her family and others regarding numerous other situations. The Jury found that she was not credible and returned a verdict of Not Guilty regarding all charges (Sex Assault, Sex Abuse, and Kidnapping). Mr. G was originally facing well over a decade in Prison if he was to be convicted.

NOT CHARGED/DISMISSED | SEXUAL ASSAULT/KIDNAPPING – In 2007, Mr. R was accused of sexually assaulting a girl in a bar parking lot. We were able to show that, through witnesses, the girl willingly went with Mr. R into a parking lot vehicle and, was not kidnapped. In addition, the bar in question had a parking lot surveillance tape and the police were ordered by the Court to seize that tape. Because the police did not act for several months, the entire video system was replaced and the tape was lost forever. Motions were filed regarding the destruction of potentially exculpatory evidence, and the State dropped all charges.

NOT GUILTY/COMPLETE ACQUITTAL at JURY TRIAL: KIDNAPPING & AGGRAVATED ASSAULT – State v. Mr. T (DMC No. 6708) Nov 27, 2006 (Maricopa County Superior Court CR 2006-129306): Mr. T had been home drinking when his girlfriend arrived late at night. They began an argument and a physical altercation ensued. After Police arrived, Mr. T’s girlfriend was found to have a head injury and she was taken to the hospital.  Mr. T was ultimately charged with Kidnapping and Aggravated Assault.

On the first day of Jury Trial, the Jury was selected and impaneled. On the second day of Jury Trial, various evidentiary hearings were held regarding items of evidence we were seeking to have suppressed. We won that hearing and the State was precluded from bringing in “other bad acts” evidence against Mr. T. On the third day of trial, the State developed witness problems and they were forced to dismiss their case while in the middle of trial. The jury was then excused and Mr. T has no conviction on his record.

Mr. C was 18 years old and dating his 16 year old girlfriend. They had gone out to dinner at a fast food restaurant, and Mr. C was pulled over for a Minor Traffic Violation. After the Officer left, Mr. C. sat on the curb because he wasn’t feeling well. His girlfriend went through his phone and saw a text message from another girl and she “flipped out”. She began attacking Mr. C., and Mr. C. tried to calm her down for about 20 minutes before driving her home.

The girlfriend then called Police and claimed that she was assaulted by Mr. C. and was not allowed to leave his vehicle. Mr. C. was ultimately charged with a Class 2 Felony Kidnapping. At Jury Trial, we were able to show that his girlfriend’s story did not match up with what she had originally told Detectives. She had claimed that a friend had come by and witnessed the assault, but could not identify the friend. At the close of all evidence. The Jury was to deliberate regarding the Felony Kidnapping under Arizona Revised Statute ARS 13-1304, as well as the “Lesser Included Offenses” of Felony Attempted Kidnapping and Felony Unlawful Imprisonment under Arizona Revised Statute ARS 13-1303.

After a short deliberation, they returned a verdict of Not Guilty on all 3 charges. If Mr. C had not received a Complete Acquittal, he would have been facing a Potential of over 10 years in Prison.

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