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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. 12864)

Felony child sex trafficking Reduced to Pandering with Probation & Zero Days in Jail – State v. Mr. W (DMC No. 12864) (Maricopa County Superior Court CR2014-005348):  Mr. W responded to an escort ad on Backpage.com.  The ad stated that the girl was 22 years old and contained a photograph of a fully developed woman.  When he responded via text, the woman turned out to be an undercover officer posing as a 16 year old girl.  She stated that she wanted Mr.  W to bring her cigarettes, because she had lost her fake ID.  They also discussed various sex acts.

When he arrived at the hotel room, he gave the undercover Officer cigarettes and $100.  He then discussed various sex acts.  The undercover Officer went into the bathroom to “freshen up”, and then other Officers barged into the room and arrested Mr. W.

He was charged with child sex trafficking, which carried a range of 7 to 21 years in prison.  If convicted, he also would have to register as a sex offender.  We were able to show the Prosecutor that Mr. W did not actually believe the undercover Officer was underage, and once he saw her, this was confirmed.  If he would have thought she was underage, he would have immediately turned around, left the cigarettes with the girl and left the room.  The undercover Officer was actually 28 years of age.  Because the Prosecutor risked losing a trial, they agreed to offer a charge of Pandering with 2 years of Probation and zero days in jail.  Also, there was no requirement to register as a sex offender.

December 27, 2018
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. Ms. G (DMC No. 11932)

Felony Sexual Conduct with a Minor (Dangerous Crimes Against Children) Dismissed – State v. Ms. G (DMC No. 11932) (Maricopa County Superior Court CR2013-440483): Ms. G was 25 years old with a very low cognitive function.  Her mental level was that of a 7 year old child.  She lived with her sister (her guardian) and her sister’s domestic partner and their children.  There had been previous incidents with the domestic partner’s children in which Ms. G was a victim of sexual conduct.  However, in this particular case, a male child under the age of 15 went into Ms. G’s bedroom and had sex with her.  Because Ms. G stated to the police officers that she knew “sex was wrong” she was immediately arrested and held for 2 weeks without bail.

We became involved in the case and immediately had the judge order a Rule 11 evaluation to determine if she could be “competent” to be prosecuted (see: “what is Rule 11“).  She was taken out of custody and evaluated at a facility that determined she was, in fact, “incompetent and non-restorable”.  Other experts agreed, and the Judge Dismissed all charges based upon Incompetency.  If Ms. G had been ruled as “Competent”, she would have faced a minimum of 20 years in prison.

December 27, 2018
Posted on Author By dmcantor Categories 300 Sex Crime Victories, 38A Failure to Register as a Sex Offender Victories, 400 Theft / Fraud Crime Victories, 47 Miscellaneous Theft/Fraud Victories, 47J Forgery Victories, 47O Identity Theft Victories, Case Victories, Maricopa County Superior Court Victories

State v Mr. M (DMC No. 11311)

(8 Counts) Felony Identity Theft, (4 Counts) Felony Failure to Register as a Sex Offender, (8 Counts) Felony Forgery & (4 Counts) Felony Presentment of False Instrument for Filing Reduced to Probation and Zero Days in Jail – State v Mr. M (DMC No. 11311) (Maricopa County Superior Court CR2012-006755): In 1972, Mr. M was 17 years old and ran away from home from Florida to California, where he assumed a different name.  He went and got his social security card when he got his first job and always left it under the assumed name.  He was later convicted of multiple misdemeanor sex crimes in the Phoenix City Court, and was required to Register as a Sex Offender per Arizona Revised Statue ARS 13-3821.  He had done so for years under the pseudonym.

In 2011, he changed his name back to his birth name.  This was done with the assistance of an “enumeration expert” with the Sex Offender Registry. She had told him he could change his name as long as he never went back to using his fake name, and she did not inform him that he had to re-register the new name within 72 hours of the change. Later, Mr. M was on unemployment and was collecting benefits under his old name.  He ultimately was arrested and charged with multiple counts of Forgery based on the Sex Offender Registration forms that he originally signed, and based on his employment verifications he signed on jobs he had worked at throughout the years.  He was also charged with Taking the Identity of another, Presentment of False Instruments and Failure to Register as a Sex Offender during the course of various moves during his lifetime.  We were able to show the Prosecutor that throughout the course of Mr. M lifetime he had never committed any other types of sex crimes (over the previous 50 years). In addition, he had always paid taxes and tried to comply with the law.  Although he was facing the rest of his life in prison if he were tried and convicted on all charges, we were able to secure a deal to Probation with zero days in jail.

December 27, 2018
Posted on Author By dmcantor Categories 300 Sex Crime Victories, 38A Failure to Register as a Sex Offender Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. S (DMC No. 13348)

Felony Failure to Register as a Sex Offender Dismissed – State v. Mr. S (DMC No. 13348) (Maricopa County Superior Court CR2015-143557): Mr. S had been convicted of a misdemeanor sex crime in another state.  He was required to register in that state, and when he moved to Maricopa County, he began registering in Arizona per Arizona Revised Statute ARS 13-3821 (see: “failure to register as a Sex Offender“).  He had conducted his annual registration every year since 2008 to 2015, plus every time he moved.  The last time he moved, he changed the address on his driver’s license and thought that would satisfy the requirements.  The police showed up to his work and found he was not at work, they then went to his house and arrested him.

We did extensive research and were able to determine that the crime he was convicted for in another state would not qualify as a crime in which required registration.  In addition, we were able to get the other state to remove the registration requirement, as they had a registration time limit which had expired.  We then sent all of the proof to the Prosecutor, and he agreed to Dismiss all charges.  Lastly, we followed up the Sex Offender Compliance Office in the State of Arizona, and they corrected the information in their system, thereby showing Mr. S no longer needs to register.  Originally, he was facing mandatory prison time, and instead all charges were Dismissed.

December 21, 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. M (DMC No. 11964)

Felony Solicitation of Prostitution Reduced to Pandering with Probation and 15 Days in Jail – State v. Mr. M (DMC No. 11964) (Maricopa County Superior Court CR2013-457971):

Mr. M was on a local website and was engaged in a conversation with an undercover Officer posing as a prostitute.  She informed him that she was “almost 17”, and that her fake ID wouldn’t get her cigarettes.  They negotiated various sex acts and he was to bring the cigarettes to a local motel. Once he got there, he had a conversation with the undercover Agent and put a $100 cash on the night stand and indicated the sex acts that he wanted.  Undercover Officers then entered the room and placed him under arrest.

Due to the fact that the Detective was actually 29 years old, and looked 29 years old when he walked into the hotel room, we were able to show that he did not believe the person was actually 16 years old.  It was his intent to turn around and walk out of the room if the prostitute actually looked under age.  We demonstrated that it is common for prostitutes to understate their age in order to attract younger men.  In addition, the fact that she was posing as a prostitute on the website “backpage.com”, it did not appear that the police had entirely clean hands in the matter.  Ultimately, we secured an offer to Pandering with 15 days in jail.  Originally, Mr. M was facing 7 to 21 years in prison.

December 21, 2018
Posted on Author By dmcantor Categories 100M Tampering with Evidence Victories, 23 Child Molestation/Sexual Conduct With Minor Reduced, 26-27 Luring a Minor Victories, 27 Luring a Minor Reduced, 300 Sex Crime Victories, 38C Furnishing Harmful or Obscene Materials to a Minor, 800 Miscellaneous Crime Victories, Case Victories, Maricopa County Superior Court Victories

State v Mr. G (DMC No. 12843)

(3 Counts) Felony Luring a Minor for Sexual Purposes (Dangerous Crimes Against Children), Felony Tampering with Evidence, Felony Sexual Conduct with a Minor (DCAC) & Felony Furnishing Obscene Material to a Minor Reduced to 3 Counts with 10 Years in Prison – State v Mr. G (DMC No. 12843) (Maricopa County Superior Court CR2014-001975):

Mr. G was a 61 year old teacher at a local elementary school who was accused by another teacher of being “too close” to one of his 14 year old students.  An investigation ensued in which the 14 year old stated that she had sexual intercourse with Mr. G on a couple of occasions.  They had sent sexually explicit photos and text back and forth on her cell phone. Mr. G admittedto everything involved with the cell phones and photos, but he did not agree that he had sex with the victim.  Ultimately a Psycho Sexual Risk Evaluation was conducted and Mitigation materials were put together for the prosecutor.  An offer of 10 to 15 years was received and Mr. G entered into that plea.  At sentencing, the court agreed that he deserved the lowest amount of time under the plea agreement (10 years in prison). He originally was facing the rest of his life in prison.

December 21, 2018
Posted on Author By dmcantor Categories 23 Child Molestation/Sexual Conduct With Minor Reduced, 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. M (DMC No. 12163)

(2 Counts) Felony Luring a Minor for Sexual Exploitation & (1 Count) Felony Sexual Conduct with a Minor (Dangerous Crimes Against Children) Reduced to Attempt with 1 Year in Prison – State v. Mr. M (DMC No. 12163) (Maricopa County Superior Court CR2014-000999):

Detectives had received a call from a grandparent stating that Mr. M had been contacting their 13 year old daughter on an internet site. Their conversations had gone on for months and were sexual in nature. They also showed that Mr. M had requested pictures of the 13 years old’s, breast, vagina and anus, and requested a video of her masturbating.  Mr. M was 22 years old and had an IQ of 80.  He was ultimately arrested and admitted to all of the activity.  Although Mr. M was originally facing a minimum of 10 to 24 years in prison on just one of the charges, we were able to demonstrate through Mitigation that due to his low IQ, Probation, or the lowest possible prison time, would be the most appropriate sentence.  We also presented a Psycho Sexual Risk Evaluation (PSRE) which demonstrated he was a low risk to re-offend.   He was ultimately given Probation with 1 year of Prison (in which he ultimately served only 10 months).

December 21, 2018
Posted on Author By dmcantor Categories 26-27 Luring a Minor Victories, 27 Luring a Minor Reduced, 300 Sex Crime Victories, 37B child sex trafficking Victories, Case Victories, Maricopa County Superior Court Victories

State v Mr. L (DMC No. 13100)

Felony child sex trafficking, (2 Counts) Aggravated Luring a Minor for Sexual Exploitation & (4 Counts) Felony Luring a Minor for Sexual Exploitation Reduced to Solicitation to Commit Child Abuse with Probation and 120 Days in Jail with Work Furlough/Release – State v Mr. L (DMC No. 13100) (Maricopa County Superior Court CR2014-160156):

Mr. L was on an internet chat room when he began conversations with a girl he believed to be 16 years old.  In reality, a Chandler Detective was pretending to be the 16 year old. Mr. L was 42 years old at the time, and began having sexually explicit conversations with the undercover Detective.  During those conversations, Mr. L admitted that he knew he could get in trouble because of her age and his age. He also asked for sexually explicit photographs from the Detective, and he allegedly sent pictures of his penis. They then made arrangements to meet at a gas station and he was asked if he could bring $75 dollars, some Mountain Dew and condoms to give to what he thought was a 16 year old girl.  When he pulls up at the gas station he is immediately arrested and is found to have the $75 dollars, the condoms, Mountain Dew and the cell phones in which he was communicating with the Detective.  When Mr. L was interviewed, he admitted to everything.

We were able to show that the photos found on the cell phones could not match as identifiers to link him directly to the photos. We also argued that the $75 dollars was not directly being used to pay her for sex, as they had already agreed to have sex prior to that conversation.  We stated it could be construed that the money was merely a gift, along with the Mountain Dew.  Ultimately, we were able to convince the prosecution to reduce the charges to Solicitation, and Mr. L was sentenced to Probation with 120 days in jail with work furlough/release.  He was originally facing the possibility of 7 to 21 years in prison.

December 21, 2018
Posted on Author By dmcantor Categories 23 Child Molestation/Sexual Conduct With Minor Reduced, 26-27 Luring a Minor Victories, 27 Luring a Minor Reduced, 300 Sex Crime Victories, 38C Furnishing Harmful or Obscene Materials to a Minor, Case Victories, Maricopa County Superior Court Victories

State v. Mr. M (DMC No. 12417)

Felony Luring a Minor for Sexual Exploitation, (5 Counts) Felony Sexual Conduct with a Minor and (1 Count) Felony Furnishing Harmful or Obscene Items to Minor Reduced to Child Abuse with Probation and 60 Days in Jail – State v. Mr. M (DMC No. 12417) (Maricopa County Superior Court CR2014-119425):

Mr. M was employed as a Detention Officer at a local prison for the Arizona Department of Corrections. He had met a young woman at the State Fair who claimed to be 17 years old almost turning 18.  He started a physical relationship with her and an internet relationship with her where she would send him nude photographs at his request. The young woman turned out to be 15 years of age, which compounded difficulty in Mr. M’s case.  If she had stated she was 18 years of age, but was actually 15 years of age or older, he would have had a defense to the charges. Because she had started the relationship stating she was 17, he did not have that particular defense available. However, we were able to show that he was not a threat to his own minor children.  Therefore, he was allowed to have contact with his minor children while on probation, and he did not have to register as a sex offender.  He was also allowed to have computer access during the course of his probation.

December 21, 2018
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. M (DMC No. 11380)

Felony Luring  a Minor for Sexual Exploitation Reduced to Attempted Child Abuse with Probation, Zero Additional Days in Jail and No Sex Offender Registration or Sex Offender Probation Terms – State v. Mr. M (DMC No. 11380) (Maricopa County Superior Court CR2012-132313): Mr. M was on a internet chat line when he contacted a girl who identified herself as being 14 years old. This person was actually an undercover Detective posing as an underage child.  Detectives claimed that various sexually explicit conversations were had in which Mr. M attempted to have the girl go onto a webcam and masturbate.  They also said he invited her over on two different occasions to his house to go swimming, and stated he would be nude the entire time.

When he was arrested, he told police that he had no intention of ever touching the mythical 14 year old girl.  They claim he also told them he did not think it was illegal to talk to an underage girl into masturbating while on video.  We were able to demonstrate that he had no intention of actually making physical contact with anyone.  This was done through a polygraph test.   We also presented evidence that he was suffering from cancer and that being incarcerated would be detrimental to his health.  Lastly, we were able to argue for Interstate Compact which, allowed him to move out of state while on probation. All without any jail, sex offender registration or sex offender probationary terms.

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