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Category Archives: 72A Kidnapping Pre-Charge Victories

State v. Mr. G (DMC No. 14255) – (2 Counts) Felony Kidnapping, (10 Counts) Felony Sexual Conduct with a Minor (DCAC), (5 Counts) Felony Child Molestation, (2 Counts) Sex Abuse of a Minor and (10 Counts) Felony Aggravated Assault of a Minor – Not Charged – Phoenix Police Department Investigated (DR No. 20XX-XXXXXXX9); Maricopa County Attorney’s Office “Turned Down.”

Mr. G was the uncle and godfather of the alleged victim. He had not seen her in 3 years, when she reported multiple instances of Sexual Conduct and Abuse by Mr. G. She stated it started when she was 5 and ended when she was 7. She claimed that he would come into her room multiple times, hold his hand over her mouth and threaten to kill her or kill her whole family if she told anyone. He would then engage in sexual intercourse and other sexual activities with her.

Mr. G was told of these allegations by his family and he immediately contacted us. He denied all allegations and indicated that there were various issues going on between he and the rest of the family that had nothing to do with the alleged victim. He immediately stated he would be willing to do a Polygraph, which he passed regarding questions about touching the victim in any way in a sexual nature. We then prepared a letter and sent it over to the Detective handling the case. Even though he received all of these items, he still sent it to the Maricopa County Attorney’s Office for charges. We then spoke with the charging attorney in the Maricopa County Attorney’s Office Charging Bureau, and the case was ultimately “Turned Down.” If Mr. G were charged and convicted of all of these crimes, it could have carried a mandatory minimum of 10 consecutive life sentences, plus numerous additional years in prison. He was never charged with anything and has a clean record.

NOT CHARGED | CHILD MOLESTATION & KIDNAPPING – State v. Mr. B. (DMC No.7243) (Maricopa County Superior Court No. CR 2006-XXXXXX): Mr. B. was a teacher at a local elementary school and was accused by a student of fondling her breast over her clothes. We had Mr. B. take a polygraph test, which he passed. In addition, there were no other witnesses to corroborate these allegations. The Maricopa County Attorney’s Office still insisted on proceeding to Grand Jury, however there was no indictment returned. The Maricopa County Attorney’s Office then made a Motion to the Court to release the findings of the Grand Jury (which is necessary in order to discuss Grand Jury findings), and that Motion was granted. Even though Mr. B. was not indicted, he was still forced to resign his position. He was initially facing years in prison, but ended up with no charges being filed.

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.

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