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February 5, 2019
Posted on Author By dmcantor Categories 26-27 Luring a Minor Victories, 27 Luring a Minor Reduced, 300 Sex Crime Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. O (DMC No. 14558)

(5 Counts) Felony Aggravating Luring of a Minor for Sexual Purposes (DCAC) Reduced to Probation with Zero Days in Jail – State v. Mr. O (DMC No. 14558) (Maricopa County Superior Court CR2016-132085):  Mr. O was on Craig’s List, when he contacted what he believed to be an Escort who was over the age of 18.  This turned out to be an Undercover Officer posing as a 14 year old.  During the course of conversations via text, the undercover informed Mr. O that she was 14.  She then requested various photographs of his penis.  Texting commenced to go back and forth between the Undercover Officer and Mr. O, and Mr. O sent photos and videos of himself masturbating.

The Undercover Officer, who was on the KIK account, attempted many times to have Mr. O come to a specific location.  He never did, and eventually a Search Warrant was executed at Mr. O’s house and he was arrested.  He was subsequently charged with 5 different counts of Aggravated Luring of a Minor pursuant to Arizona Revised Statute ARS 13-3560.  It was aggravated because there were more than 2 offenses committed over various time spans.  This subjected Mr. O to potentially serving a large amount of time in prison.

Because Mr. O was compelled to give his iPhone password to the Detective, we were able to argue that under Bumper v North Carolina and State v Valenzuela, that this search procedure wasn’t properly done.  We threatened to file a Motion to Suppress all evidence based upon those cases. Ultimately, the State offered Mr. O a plea that was reduced to Probation with Zero Days in Jail.

February 5, 2019
Posted on Author By dmcantor Categories 22 Child Molestation/Sexual Conduct With Minor Dismissals, 300 Sex Crime Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. H (DMC No. 14557)

(2 Counts) Felony Sexual Conduct with a Minor (DCAC) and Felony Child Molestation (DCAC) Dismissed – State v. Mr. H (DMC No. 14557) (Maricopa County Superior Court CR2016-153068):  Mr. H was married to a woman who had a 14 year old daughter.  He and the alleged victim had fallen asleep on a couch and when he woke up and found that she had her hand on his crotch.  He immediately brought this to the mother’s attention and they became concerned that his step-daughter was overly sexualized. Later, they learned that she had been having sex with her boyfriend.

At the point they found out that the step-daughter was having sex, they transferred her to a different high school. She became very upset and got into a physical altercation with her mother.  She then reported the incident on the couch to her school, but she had now claimed that it was her step-dad who was touching her.  Mr. H was immediately arrested and put in jail.  We became involved and had him released on a low bond.  As we were investigating the case, we secured a private investigator to interview all parties involved.  When the step-daughter had broken up with her boyfriend, information was received from him indicating that she had lied.  Eventually, she admitted that she had lied and she had written a letter to both her mom and step-father admitting she had lied.  This was provided to the Police and the Prosecutor, and all charges were dropped.  If Mr. H would have been convicted on all 3 counts, he would have spent a minimum of 36 years in prison.

December 27, 2018
Posted on Author By dmcantor Categories 100A Computer Crime Victories, 400 Theft / Fraud Crime Victories, 47Q Trafficking in Stolen Goods Victories, 800 Miscellaneous Crime Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. M (DMC No. 13909)

(2 Counts) Felony Computer Tampering & (2 Counts) Felony Trafficking in Stolen Property ($20,400) Reduced to Probation with 30 Days in Jail – State v. Mr. M (DMC No. 13909) (Maricopa County Superior Court CR2015-158379):  Mr. M worked for the Life Lock company and was accused of taking approximately 10 laptop computers and selling them online on Craigslist.  The ads on Craigslist claimed that these computers were “recycled”.  An undercover Tempe police officer made an arrangement to meet with Mr. M and purchase a computer for $1,000.  After that purchase was complete, officers then showed up to Mr. M’s house with a search warrant and confiscated other computers.  He was ultimately charged with 2 counts of Computer Tampering and 2 counts of Trafficking in Stolen Property.

The reason for the charge of Computer Tampering was for the deletion of items that were on those laptops originally. Ultimately, we were able to show some mitigating factors on behalf of Mr. M.  The state agreed to a plea which included Probation and 30 days of initial jail. Other jail was left hanging over his head, but that could be deferred upon successful completion of Probation. Mr. M successfully completed Probation, paid restitution and avoided a potential aggravated sentence of over 10 years in prison.

December 27, 2018
Posted on Author By dmcantor Categories 400 Theft / Fraud Crime Victories, 47G Extortion Victories, Case Victories, Maricopa County Superior Court Victories

State v. Ms. M (DMC No. 13613)

(2 Counts) Felony Extortion Dismissed – State v. Ms. M (DMC No. 13613) (Maricopa County Superior Court CR2012-010200):  Ms. M was engaged in a dispute with a doctor’s office, in which she had alleged she had been traumatized and assaulted by the doctor.  In order to resolve the case civilly, she made several demands herself, which included a threat of going to the police, the medical board and the media if the case was not settled quickly.  The doctor’s office contacted the police and filed charges of Theft by Extortion pursuant to Arizona Revised Statute 13-1804 (6).  In that Statute it makes it a crime to “expose a secret or an assertive fact, whether true or false, tending to subject anyone to hatred, contempt or ridicule or to impair the person’s credit or business.” The case went to a Grand Jury and they indicted and arrested Ms. M.

We became involved in the case and provided a court case decision from 1995 to the Prosecutor which declared that portion of the Statute to be unconstitutional.  Under State v Weinstein, 182 Ariz. 364 (Div 1 1995).  Once the Deputy County Attorney realized they had began prosecution on an invalid statute, all charges were immediately Dismissed.

December 27, 2018
Posted on Author By dmcantor Categories 100R Contributing to the Delinquency of a Minor Victories, 23 Child Molestation/Sexual Conduct With Minor Reduced, 24-25A Child Pornography Victories, 25 Child Pornography Reduced, 300 Sex Crime Victories, 33-35 Public Sexual Indecency Victories, 34 Public Sexual Indecency Reduced, 37B child sex trafficking Victories, 800 Miscellaneous Crime Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. A (DMC No. 13606)

Felony child sex trafficking (4 Counts) Felony Sexual Exploitation of Minor/Child Pornography and (4 Counts) Sexual Conduct with a Minor, Public Sexual Indecency & Contributing to the Delinquency of a Minor Reduced to 5 Years in Prison – State v. Mr. A (DMC No. 13606) (Maricopa County Superior Court CR2015-114258): Mr. A had been living with a roommate for many years.  Also with the roommate had two young daughters who lived with them. Mr. A thought that one of the daughters was now 18 years of age, when in reality she was 15 years old.  He and another woman engaged in sex acts with the 15 year old, all while on videotape.  He also offered money for this activity along with alcohol.  He was ultimately charged with child sex trafficking per Arizona Revised Statute ARS 13-3212, and 4 counts of Child Pornography (because some of the acts were filmed), 4 counts of Sexual Conduct with a Minor, along with Public Sexual Indecency and Contributing to the Delinquency of Minor.

He was facing the rest of his life in prison, and his only defense was that he thought she was 18 years of age.  This defense was problematic, due to the fact that he also admitted that he knew her since she was 8 years old when he first met her, yet that was only 7 years prior.  This would put her age at 15.  Ultimately the state made several offers which eventually got down to a low offer of a stipulated 5 years in prison.  Mr. A accepted that offer, which was far below the standard offer for these types of charges.

December 27, 2018
Posted on Author By dmcantor Categories 300 Sex Crime Victories, 37B child sex trafficking Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. S (DMC No. 14024)

(5 Counts) Felony child sex trafficking (Dangerous Crimes Against Children) Reduced to Luring (Non DCAC) with 2 Years in Prison – State v. Mr. S (DMC No. 14024) (Maricopa County Superior Court CR2014-156066):  Mr. S reached out to an undercover Detective on a tagged social media account.  The profile was for an 18 year old girl who was an escort.  It also included three pictures of an adult female.  After the undercover Detective was contacted, the Detective took on a persona of a 16 year old girl.  Various conversations were had about bringing in other girls for sex who were 13 and 11 years old.

Many of the conversations did not specifically refer money from Mr. S.  All of the money talk came from the undercover Detective without any explicit agreement by Mr. S.  Ultimately, he arranged to meet the undercover and he was immediately arrested for Solicitation of child sex trafficking per Arizona Revised Statue ARS 13-3212.  They confiscated his computer tablets and phone, which detailed all of the conversations.

Mr. S had some potential defenses, however, if he lost at trial he would face a minimum of 35 years in prison, and a maximum of 105 years in prison.  Just prior to trial, the State offered to reduce the charge to 3 counts of Luring with 2 years in prison.  Mr. S could be released after 1 year and 8 months with good behavior.

December 27, 2018
Posted on Author By dmcantor Categories 300 Sex Crime Victories, 37B child sex trafficking Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. D (DMC No. 12174)

Felony child sex trafficking Reduced to Attempted Child Abuse Class 6 Open/Misdemeanor with Probation and 90 Days in Jail with Work Furlough/Release – State v. Mr. D (DMC No. 12174) (Maricopa County Superior Court CR2014-109850):  Mr. D responded to an advertisement on Backpage.com. He thought he was speaking with an escort, but it turned out to be an undercover police Officer.  The Officer stated, by way of text, that she was “15, almost 16”.  They arranged to meet at a hotel room.

Mr. D showed up with $80 and two condoms.  A conversation was held on videotape which he again was told that the undercover was “15, almost 16”.  Once he was placed under arrest, he stated that he didn’t believe her and thought she was lying.  She looked much closer to “30 years of age” was his comment.  He also stated that if he thought she had looked as young as she stated she was, he would have left the situation immediately. He was still charged with child sex trafficking under Arizona Revised Statute ARS 13-3212 (B) (2) and was facing 7 to 21 years in prison.  Because of the potential defenses he had, the State originally offered a plea to Pandering, a Class 5 Felony.  We eventually got them to agree to drop the plea down to Attempted Child Abuse, Class 6 Open/Misdemeanor with Probation and 90 days in jail with work furlough/release. At the conclusion of Probation, Mr. D’s charged turned into a Misdemeanor. He has no felony conviction on his record and he does not have to register as a sex offender.

December 27, 2018
Posted on Author By dmcantor Categories 300 Sex Crime Victories, 37B child sex trafficking Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. W (DMC No. 12253)

Felony child sex trafficking Reduced to Class 6 Open/Misdemeanor Attempted Child Abuse with Probation and 15 Days in Jail with Work Furlough/Release – State v. Mr. W (DMC No. 12253) (Maricopa County Superior Court CR2013-458386): Mr. W responded to an ad on Backpage.com for an escort.  Sometime during the conversation, an undercover Detective posing as an escort stated she was 16 years old.  Mr. W asked for a picture of her ID to show she was actually 18.  That was never sent to him. However, he was sent pictures by the undercover Officer of females in lingerie with their heads cropped out of the photo.  He arranged for a meeting with the escort, but he never showed up.  He then had six other text messages the next day, and then eventually agreed to meet for a “quickie” for $60 at a motel.  When he arrived at the motel, he could clearly see that the undercover Officer was closer to 30 years old.  He said he was not going to talk about sex acts and only wanted to lay down and cuddle.  When the escort refused, he got up and was immediately tackled by Officers who came in from the outside.

We showed the Prosecutor that they would have a very difficult time proving that he actually had the intent to sleep with an underage prostitute.  They realized that they could easily lose at trial.  However, if they did secure conviction, Mr. W would be facing 7 to 21 years in prison per Arizona Revised Statute 3212.  Ultimately, they agreed to offer a Class 6 Open/Misdemeanor Attempt charge with Probation and 15 days jail with work furlough/release.  At the conclusion of the Probation, Mr. W’s charge was converted to a Misdemeanor.  He has no felony conviction on his record.

December 27, 2018
Posted on Author By dmcantor Categories 300 Sex Crime Victories, 37B child sex trafficking Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. C (DMC No. 13345)

(2 Counts) Felony child sex trafficking Reduced to Pandering with Probation and 15 Days in Jail with Work Furlough/Release – State v. Mr. C (DMC No. 13345) (Maricopa County Superior Court CR2015-135680):  Mr. C responded to an ad on Backpage.com.  He thought he was speaking with two girls who stated they were 16 years old and agreed to have sex for $120 and a pack of cigarettes.  He was actually speaking with an undercover Detective at the time.  When he arrived at the Hotel Suites, he had money and cigarettes with him.  He then was immediately arrested.

He admitted to Officers that he was there to meet with two 16 year olds, that he knew it was wrong.  We got involved in the case because these 2 charges each carried a range of 7 to 21 years in prison per Arizona Revised Statute ARS 13-3212. Because they were 2 charges, the sentences had to be run consecutively to each other.  This means that his minimum exposure was 14 years in prison.  Because of Mr. C’s acceptance of responsibility, combined with the fact that the photos used in the ad were girls who appeared to be over 18, we were able to secure an offer to Pandering with Probation and 15 days in jail with work furlough/release.

December 27, 2018
Posted on Author By dmcantor Categories 300 Sex Crime Victories, 37B child sex trafficking Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. K (DMC No. 13115)

Felony child sex trafficking (with Prior Felony Conviction) Reduced to Pandering with Probation and 15 Days in Jail – State v. Mr. K (DMC No. 13115) (Maricopa County Superior Court CR2014-113198):  Mr. K responded to an ad on Backpage.com for an escort.  The police claimed that there was a phone conversation in which he agreed to pay $60 for sex.   However, no phone recordings were ever produced.

The police did have text conversations in which he asked how old the undercover Officer was, and the undercover Officer said “16”. He then asked if she was working for the “cops” and asked for a real picture.  They made arrangements to meet the next day in downtown Phoenix.  During a text conversation the next day, again it was confirmed that $60 would be the price for “regular sex”.  He then met her downtown and was immediately arrested. The original charge had a range of 7 to 21 years in prison if convicted.  Because of Mr. K’s prior conviction, the amount in prison on the minimum end was even higher.  We were able to produce the Psycho-Sexual Risk Evaluation to the Prosecutor showing that Mr. K was not a risk to re- offend.  In addition, because of lost recording of the alleged conversations, the State ran the risk of having a Willetts instruction presented at trial which could potentially cost them the case. Because of all of this, they agreed to extend an offer of simple Pandering with Probation and zero days in jail. Also, Mr. K was not required to register as a sex offender.

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