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Category Archives: 20 Sex Crime Jury/Bench Trial Victories

NOT GUILTY/ COMPLETE ACQUITTAL at Jury Trial/ INDECENT EXPOSURE – State v. Mr. P (DMC No. 14233) Feb. 7, 2017 (Phoenix City Court No. 5066402): Mr. P was shopping in a Hobby Lobby on 46th Street and Cactus Road in Phoenix, Arizona. While he was shopping for some items, he squatted down to pull something off of the shelf. Due to his shorts and loose underwear, his testicle fell out of his shorts. There was a female customer nearby who did not see anything. However, the Assistant Manager saw what occurred from down the aisle way. She then had Security escort Mr. P out of the store and he was arrested by the Phoenix Police Department.

At Jury Trial we presented the video tape inside the store and showed exactly what happened. We were able to prove that this appeared to be an absolutely innocent occurrence, and that he was not attempting to expose himself to anybody. Although one of the Police Officer testified that Mr. P had told him that he intentionally exposed himself because the woman in the aisle had shown her breasts, the woman denied ever showing her breasts or even seeing Mr. P in the aisle way. The Jury deliberated and returned a verdict of Not Guilty!

NOT GUILTY/COMPLETE ACQUITTAL at BENCH TRIAL: PROSTITUTION- State v. Ms. M (DMC No. 8114) Oct. 23, 2008 (Tempe City Court No. 08-061683): Ms. M had an Ad under the listing of “Erotic Services” on Craigslist. Undercover Tempe Detectives set up a sting operation. One Officer contacted her and asked her how much it was ”for her services”. She responded that it was $350 and he got her down to $300. When she showed up at his hotel room, she matched the photograph that was in the Ad. He asked her if she was the one who placed the advertisement, and when she said yes, she was immediately arrested.

At Bench Trial we were able to show that no sex acts were discussed, nor was any money exchanged. In fact, she had only walked in the room and stated that she had posted the Ad. The judge ruled in our favor and found that there were no elements of Prostitution given the evidence presented, and a verdict of Not Guilty was rendered. Ms. M was Acquitted of all charges.

Mr. J. was accused of traveling through a neighborhood and committing sex acts inside of his car in front of 3 different girls. When the girls were interviewed by Detectives, they were presented with a photo of a registered a registered sex offender in the neighborhood, and they all identified this person instead of Mr. J. When that person had an alibi, they checked various vehicle descriptions and located Mr. J through his vehicle. The Detectives indicated that Mr. J confessed to all the crimes when interviewed by them. He was subsequently arrested and charged with Public Sexual Indecency under Arizona Revised Statute ARS 13-1403(A)(1).

At Trial, we argued that the offense the girls were describing was Indecent Exposure and not Public Sexual Indecency, (since there was no actual sex act involved). In addition, we pointed out that they had identified somebody completely different than Mr. J. when shown the original photo lineup. Lastly, we argued that this so called confession by the Detectives was never recorded, as would be standard procedure, and therefore was very suspect. The Jury agreed and Mr. J was found Not Guilty of the charge.

Mr. G was a family friend with a lady who lived in the valley, and he ended up taking her daughter and son over to his house to spend the night. He was then accused of touching the 17 year old daughter’s breasts while giving her a back rub, and penetrating her vagina with his fingers. She alleged that she felt she could not leave his house. Mr. G. was ultimately charged with Felony Sexual Assault under Arizona Revised Statute ARS 13-1406, Felony Sexual Abuse under Arizona Revised Statute ARS 13-1404 and Felony Kidnapping under Arizona Revised Statute ARS 13-1304.

The Police also claimed that they conducted a “confrontation call” in which the alleged victim confronted him on the telephone and he admitted to these acts. However, he stated he thought that his behavior was consensual and that the alleged victim was always free to leave at any time. At Trial, we presented all of this evidence, along with an extensive history of the alleged victim lying to her family and others regarding numerous other situations. The Jury found that she was not credible and returned a verdict of Not Guilty regarding all charges (Sex Assault, Sex Abuse, and Kidnapping). Mr. G was originally facing well over a decade in Prison if he was to be convicted.

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