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Category Archives: 38 Miscellaneous Sex Crimes Victories

State v. Mr. Z (DMC No. 13839) – (5 Counts) Felony Sexual Misconduct with Patient & (2 Counts) Attempted Sexual Misconduct with Patient – Reduced to Class 6 Open/Misdemeanor with Probation and Zero Days in Jail – Maricopa County Superior Court (Case No. CR2015-005788).

Mr. Z. was employed by Terros as an Independent Licensed Counselor. He was treating a young lady who was a convicted felon. Her treatment was for alcoholism, addiction to pills, meth, and heroin. She also suffered from depression. Somewhere during the course of their counseling sessions, a sexual relationship developed. She eventually became married and then sought out a civil attorney and attempted to secretly tape Mr. Z in order to get admissions. She reported the conduct to the Arizona Board of Behavioral Health Examiners, and their Investigator interviewed Mr. Z.

Mr. Z. stated that he had colon cancer and could not achieve an erection. However, he did admit to developing a relationship which included oral sex and digital penetration. He was unaware that this was a violation of the law, as he thought it was only an ethical violation. He was subsequently charged with Sexual Misconduct with a Patient per ARS 13-1418(B).

We became involved in the case and we began defending the criminal allegations. We also entered into a Consent Decree with the Arizona Board of Behavioral Health Examiners which included a revocation of Mr. Z’s license. We presented Mitigation to the prosecutor regarding the fact that his patient was an adult and they had a consensual relationship. It now appeared that she was trying to make it sound as if their relationship was nonconsensual in order to file a civil lawsuit. The Prosecutor agreed that the only violations were under ARS 13-1418(B), and an offer to a Class 6 Open/Misdemeanor plea was made. At Sentencing the judge imposed Probation with Zero Days in Jail. The judge also set a hearing for a year later to determine whether there would be Sex Offender Terms and whether the case could be designated as a Misdemeanor at that time. Originally, Mr. Z. was facing more than 11 years in prison if he were to be convicted on all charges and sentenced to the maximum.

ILLEGAL CONTROL of an ENTERPRISE (RICO), ASSISTING a CRIMINAL SYNDICATE, MONEY LAUNDERING, MAINTAINING a HOUSE of PROSTITUTION and PROSTITUTION all DISMISSED – State v. Ms. L (DMC No. 9580) (Maricopa County Superior Court CR2009-172651): Ms. L worked at an Asian owned massage parlor in Scottsdale, Arizona. Scottsdale PD had received calls that the massage parlor was operating as a house of prostitution. They had sent in several undercover officers who negotiated sexual contact in exchange for money. A raid was later conducted on the establishment, and numerous people were arrested.  Almost every employee there was Asian, and Ms. L was accused by one of the detectives of being involved in the organization. We were able to show that Ms. L had a legitimate massage license and attended massage school in California. In addition, we were able to show photo lineups in which the Detectives could not pick out one woman from another as they all “looked alike” according to the Detectives. After a long protracted fight, all charges were dismissed against Ms. L. The main principles involved in the operation, however, went to prison.

DISMISSED | SEXUAL CONDUCT with INMATE – State v. Mr. H. (DMC No. 5261) (Maricopa County Superior Court CR2004-018591): Mr. H. was a prison guard at the Perryville woman’s prison.  He was accused with having a sexual relationship with one of the inmates.  He was eventually charged, and we were able to conduct a thorough investigation.  During the investigation, we showed that the alleged victim had since been released, and rearrested and convicted on additional criminal charges.  Due to the all of the issues in the case, the Prosecution dismissed all charges against Mr. H.

 

 

NOT CHARGED | FAILURE TO REPORT CHILD SEXUAL ABUSE NOT CHARGED – State v. Mr. & Mrs. E. (DMC No. 10680) (Maricopa County Sherriff’s Office investigated): Mr. & Mrs. E. were told by their daughter that the neighbor’s son (a 22 year old with a mind of a 13 year old) had touched her.  Other allegations came from other kids in the neighborhood.  As the Sherriff’s Office began investigating, it became apparent that they were also investigating Mr. & Mrs. E. for failure to report a child sexual abuse.  We became involved, and helped facilitate not only the prosecution of the neighbor kid, but also we made sure no charges were ever brought against Mr. & Mrs. E.

REDUCED | SEX OFFENDER LEVEL REDUCED – State v. Mr. K. (DMC No. 10225) (Phoenix Police Department modified): Mr. K. had previously been convicted of a felony charge of sex conduct with a minor in the State of California.  As part of his sentence, Mr. K. was required to register as a sex offender.  Upon moving to Arizona he was evaluated and considered to be a “level 2” sex offender.  We were able to work with the Phoenix Police Department, providing them documentation that supported a lower level of registration, and we received a reduction of Mr. K.’s sex offender classification down to a level 1.  As a result of this reclassification, Mr. K. is not subjected to having his name and photographed being displayed on the DPS sex offender website.

NOT CHARGED (ALL) | 4 COUNTS of CHILD PORNOGRAPHY (DCAC)/INDECENT EXPOSURE/FURNISHING OBSCENE MATERIALS to a MINOR and PUBLIC DISPLAY of EXPLICIT SEXUAL MATERIAL ALL NOT CHARGED– State v. Mr. R. (DMC No. 10213) (Avondale Police Department Investigated): Mr. R. was a maintenance worker who was observed by another maintenance worker staring out the window touching himself through his pants.  It was alleged that there were children outside the window that he was looking at them at the time. He was initially arrested for “indecent exposure”, but then other maintenance workers said Mr. R. kept a duffle bag at the stop that had child pornography inside of it.  There were images of underage naked girls inside that duffle bag.  When police went to interview neighbors, one neighbor had heard rumors that he had shown pornographic images to children as young as 7 in the neighborhood.  We became involved in the case and sat down with Detectives as they interviewed Mr. R.  Mr. R. denied owning the duffle bag, nor exposing himself or showing explicit photos to children.  Police fingerprinted the photographs and could not find any prints of Mr. R. on the photos.  Detectives were convinced to inactivate the case and did not file persuaded with the Maricopa County Attorney’s Office.  Mr. R. would have been facing a minimum of 40 years in prison if convicted.

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