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May 4, 2015
Posted on Author By dmcantor Categories 113 Sex Crime Pre-Charge Victories, 115 Assault/Violent Crime Pre-Charge Victories, 23A Child Molestation/Sexual Conduct with a Minor Pre-Charge Victories, 300 Sex Crime Victories, 500 Assault / Violent Crime Victories, 66-68 Child/Vulnerable Adult Abuse Victories, 68 Child/Vulnerable Adult Pre-Charge Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. S (DMC No. 8385)

2 COUNTS of CHILD MOLESTATION (DCAC) and 1 COUNT CHILD ABUSE NOT CHARGED– State v. Ms. M (DMC No. 8385) (Surprise Police Department Investigated): Mr. M had gone through a divorce and had joint custody of his son and two daughters. He was in the United States Air Force and was a strict disciplinarian. Police received a call at the hospital that his daughter was there with a burn on her chin which she had claimed that her father had given her from a hot marshmallow stick. Once police began questioning her, she also stated that she and her sister had been molested by Mr. M. We were able to show Detectives that Mr. M’s ex wife was now dating a man, and she and all of the children wished to move to California. However, Mr. M was holding up that process. Because of these allegations, they would now be able to move and would not have to be restricted to the state of Arizona. We also had Mr. M take and pass a polygraph test. The Detective was convinced that these allegations were manufactured, and no charges were brought against Mr. M. Unfortunately, the Family Law Court still allowed Mr. M’s ex wife to move the children out of state, and restricted Mr. M to supervised visits only.

 

May 4, 2015
Posted on Author By dmcantor Categories 113 Sex Crime Pre-Charge Victories, 23A Child Molestation/Sexual Conduct with a Minor Pre-Charge Victories, 300 Sex Crime Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. S (DMC No. 8688)

CHILD MOLESTATION (DCAC) NOT CHARGED – State v. Mr. S (DMC No. 8688) (Gilbert Police Department Investigated): Mr. S was a 79 year old grandfather who was babysitting his step granddaughter and her friend when four weeks later, they accused him of touching them in the vaginal area over their clothing. We began an investigation and were able to present the Detective medical records showing that Mr. S was currently under treatment for prostate Cancer and had been impotent for the past 6 years. In addition we had Mr. S submit to a polygraph examination (which he passed), and we sat with the Detective and allowed him to interview Mr. S.

In spite of all this, the Detective still forwarded a report requesting charges against Mr. S for two counts of child molestation (a Dangerous Crime Against Children) to the Maricopa County Attorney’s Office. We met with the Prosecutors and convinced them that no charges should be filed against Mr. S. If he were to have been charged and convicted, he would have been immediately taken into custody without bond until a trial occurred. At his late age, this surely would have killed him.

May 4, 2015
Posted on Author By dmcantor Categories 113 Sex Crime Pre-Charge Victories, 23A Child Molestation/Sexual Conduct with a Minor Pre-Charge Victories, 300 Sex Crime Victories, 38B Sexual Abuse Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. O (DMC No. 8683)

CHILD MOLESTATION (DCAC) and SEXUAL ABUSE NOT CHARGED – State v. Mr. O (DMC No. 8683) (Phoenix Police Department Investigated): Mr. O’s son was in the process of getting a divorce when Mr. O was babysitting his granddaughter. His 12 year old granddaughter later told her mother that Mr. O had touched her and another one of her friends in her vaginal area. Police questioned Mr. O and then we were retained in order to defend him. We had a polygraph administered on Mr. O, which he passed, and we interviewed the 12 year old’s Doctor. The Doctor found that there was never any indication that Mr. O had molested her, and there was some questionability as to whether she was attempting to live with her mom after the divorce. We turned over all of our evidence to Detectives and they agreed that the girl’s allegations were suspect, and it appeared that they were simply trying to live with the girl’s mother, rather than with her father and/or grandfather. If Mr. O would have been charged and convicted of molesting two separate victims under the age of 14, he would have been facing a Dangerous Crime Against Children aggravator which could have resulted in a minimum of 40 years in prison.

March 16, 2015
Posted on Author By dmcantor Categories 112 Other Vehicular Crimes Pre-Charge Victories, 114 Theft and Fraud Pre-Charge Victories, 16C Theft of Means of Transportation / Auto Theft Victories, 200 DUI / Vehicular Crime Victories, 400 Theft / Fraud Crime Victories, 43 Fraudulent Schemes Reduced, 43A Fraudulent Schemes Pre-Charge Victories, 46 Theft Pre-Charge Victories, 47M Insurance Fraud Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. P (DMC No. 8525)

INSURANCE FRAUD/AUTO THEFT NOT CHARGED – State v. Mr. P. (DMC No. 8525) (Arizona Department of Insurance Investigated): Mr. P had purchased a 1 year old Chevy 4×4 truck with lots of amenities. He had the truck for several months, when it was stolen. He reported the theft to his insurance company and filed a claim. He later received a call from Police stating the vehicle was found in Mexico. When he called his insurance company to inform them, they stated that they were already aware of this and felt that he was involved in the theft of his own vehicle in order to file an insurance claim.

After receiving a letter from the Department of Insurance Investigator, he contacted our office. We were able to show that there was no motive for Mr. P. to steal the vehicle (i.e. He was not in financial hardship, nor was there a mechanical problem with the vehicle), and that he was willing to take a lie detector test. After all documentation was forwarded to the Maricopa County Attorney’s Office, we met with the charging Attorney who agreed that no charges would be filed against Mr. P. We also sent a scathing letter to the Insurance company indicated that if they pursued this further that they would be sued for “bad faith”. Mr. P. has no criminal history.

 

March 16, 2015
Posted on Author By dmcantor Categories 114 Theft and Fraud Pre-Charge Victories, 400 Theft / Fraud Crime Victories, 46 Theft Pre-Charge Victories, 47J Forgery Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. G (DMC No. 9544)

EXTORTION and THEFT NOT CHARGED –State v. Mr. G. (DMC No. 9544) (Peoria Police Department Investigated): Mr. G. worked for an International Insurance company as a Certified Safety Professional. He was terminated from the company due to various personal problems, and then he began leaving various voicemails and emails threatening to harm the company’s business. These threats were based upon releasing confidential information to clients and exposing the company to ridicule. The company then called the Peoria Police Department in order to have Mr. G. charged with Extortion pursuant to Arizona Revised Statute 13-1804. Specifically, they were claiming that he threatened to “expose a secret or an asserted fact, whether true or false, tending to subject them to hatred, contempt or ridicule or to impair their credit or business”, unless he received his job back or a larger severance package. We were able to contact the company’s corporate counsel and inform them that Mr. G. suffered from various anxiety disorders. They agreed not to press charges, and to offer Mr. G. free counseling under their Human Resources department, even though he had already been terminated. Mr. G. was never charged, does not have a criminal record, and is now very happy working for another company.

January 26, 2015
Posted on Author By dmcantor Categories 113 Sex Crime Pre-Charge Victories, 23A Child Molestation/Sexual Conduct with a Minor Pre-Charge Victories, 29A Sexual Assault Pre-Charge Victories, 300 Sex Crime Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. A (DMC No. 6867)

NOT CHARGED | SEXUAL ASSAULT (DCAC); SEXUAL CONDUCT with a MINOR (DCAC) and CHILD MOLESTATION (DCAC) ALL INVOLVING 3 ALLEGED VICTIM’S NOT CHARGED – State v. Mr. A. (DMC No. 6867) (Mesa Police Department Investigated): Mr. A. was a 74 year old grandfather who had been supporting his drug addicted daughter’s children. Because his daughter and her husband had owed him a sizeable amount of money and they were being “cut off” from financial support, she had her three granddaughters now make accusations of Sexual Misconduct, Sexual Assault and Child Molestation, all Dangerous Crimes Against Children (DCAC) per ARS 13-1405, ARS 13-1406, and ARS 13-1410 against Mr. A. We had Mr. A. take a polygraph test in which he passed indicating that he never touched these children. Eventually the oldest of the three children who was now 18 contacted us indicating that her parents told them to lie. We got her in touch with the Detectives and she informed them that these were all manufactured allegations. Her parents had since moved out of State and were still abusing drugs. No charges were brought against Mr. A. If charges had been brought, he would have been held as “non bondable” until the case finalized and if convicted he would have spent the rest of his life in prison.

January 26, 2015
Posted on Author By dmcantor Categories 113 Sex Crime Pre-Charge Victories, 23A Child Molestation/Sexual Conduct with a Minor Pre-Charge Victories, 300 Sex Crime Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Ms. G (DMC No. 9436)

NOT CHARGED | SEXUAL CONDUCT with a MINOR NOT CHARGED – State v. Ms. G. (DMC No. 9436) (Maricopa County Sheriff’s Office Investigated): Ms. G. was 27 years old and had dated a 37 year old man who had a 17 year old son. After they had broken up, her ex boyfriend accused her of sleeping with his 17 year old son. He stated that he had called the Maricopa County Sheriff’s Office and they were now investigating her and for Sexual Conduct with a Minor under Arizona Revised Statute 13-1405. We then contacted the Maricopa County Sheriff’s Office and indicated that we represented Ms. G. and that she would not be answering any questions as to whether had or had not slept with the 17 year old. Ultimately, no charges were brought against Ms. G.

January 26, 2015
Posted on Author By dmcantor Categories 113 Sex Crime Pre-Charge Victories, 23A Child Molestation/Sexual Conduct with a Minor Pre-Charge Victories, 300 Sex Crime Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. K (DMC No. 9395)

NOT CHARGED | CHILD MOLESTATION (DCAC) – State v. Mr. K. (DMC No. 9395) (CPS Investigated): Mr. K. acted as a mentor for special needs kids who lived in a group home. He mentored a young man who was 14 years of age who was being vetted during the adoption process. The couple who was trying to adopt the child were denied the adoption and made allegations that Mr. K. been molesting the child. CPS became involved and were ascertaining whether charges should be forwarded regarding Child Molestation as a Dangerous Crime Against Children under ARS 13-1410. We had Mr. K. take a polygraph test, in which he passed showing there was no molestation. In addition, we had CPS interview the child directly. The child stated that Mr. K. had never molested him, however the child stated he was molested when he was 5 years of age by somebody different. Ultimately, no charges were ever brought against Mr. K. and he was allowed to continue as a mentor to at risk youth.

January 26, 2015
Posted on Author By dmcantor Categories 113 Sex Crime Pre-Charge Victories, 23A Child Molestation/Sexual Conduct with a Minor Pre-Charge Victories, 300 Sex Crime Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Ms. K (DMC No. 9376)

NOT CHARGED | 2 COUNTS of SEXUAL CONDUCT with a MINOR – State v. Ms. K. (DMC No. 9376) (Phoenix Police Department Investigated): Ms. K. was a 37 year old high school teacher at Fairfax High School in Phoenix Union School District. She had engaged in inappropriate communications on Myspace with two of her students (age 17 and 16). She had also shared a cigarette with the students but had done nothing else. The students then claimed that they had sex with their teacher, and the Phoenix Police Department began investigating. They were looking into charging Ms. K. with 2 counts of Sexual Conduct with a Minor pursuant to ARS 13-1405. We were able to explain to the detectives that this was the fantasies of two students, and that there was no physical evidence or truth to the statements. Although Ms. K. was initially facing incarceration and the loss of her teaching certificate, no charges were brought against her.

January 26, 2015
Posted on Author By dmcantor Categories 113 Sex Crime Pre-Charge Victories, 23A Child Molestation/Sexual Conduct with a Minor Pre-Charge Victories, 300 Sex Crime Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. B (DMC No. 8228)

NOT CHARGED | SEXUAL CONDUCT with a MINOR – State v. Mr. B. (DMC No. 8228) (Yavapai County Sheriff’s Office Investigated): Mr. B. his cousin and his cousin’s friends were all driving to Prescott when they pulled up next to a girl’s car while driving. She exchanged phone numbers with them and they invited her to their party. She went home, got a friend and went to the party to meet the men. She was 16, yet told them she was 19. Mr. B. was 20 years old and he engaged in consensual sex with the young lady. She then engaged in sexual conduct with other men at the party, and Mr. B. became upset and called her various names and left the party. Her friend then took the young lady to the police station and claimed she had been sexually assaulted. The Yavapai County Sheriff’s Office then began investigating Mr. B. for Sexual Conduct with a Minor pursuant to ARS 13-1405. During the investigation, the young lady admitted that his part was consensual and that she told him she was over the age of 18. Based upon those factors, we convinced the Yavapai County Attorney’s Office to not bring charges against Mr. B. They, however, were still investigating the other men for possible charges of Sexual Assault.

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