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January 26, 2015
Posted on Author By dmcantor Categories 113 Sex Crime Pre-Charge Victories, 29A Sexual Assault Pre-Charge Victories, 300 Sex Crime Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. G (DMC No. 9701)

NOT CHARGED | SEXUAL ASSAULT – State v. Mr. G. (DMC No. 9701) (Pinal County Sherriff’s Office Investigated): Mr. G. and his wife had recently had a baby (4 months prior). He found various texts from his wife which were of a sexual nature to her best friend’s husband. He later discovered she was having an affair, and he filed for divorce. They then got into an argument over her taking the baby to her mother’s house and police were called to the scene. She then told the police that 2 days prior Mr. G. had forced her to have sex with him. She then declined to assist in the investigation. After another 6 days went by, she then showed up to the police station and indicated she would like to “cooperate” in bringing charges. Although a Sexual Assault Nurse Examination (SANE) kit was conducted, it was of little value 7 days after the incident. We were able to give Mr. G. a polygraph (which he passed). We also retrieved results of a paternity test which showed that the baby was not his. Based on all of the information, the Pinal County Attorney’s Office declined to bring charges for Sexual Assault under ARS 13-1406 on these allegations. Mr. G. was originally facing over 10 years in prison should he have been convicted of these charges.

January 26, 2015
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 29 Sexual Assault Reduced, 300 Sex Crime Victories, 38B Sexual Abuse Victories, 500 Assault / Violent Crime Victories, 71-72A Kidnapping Victories, 72 Kidnapping Reduced, Case Victories, Coconino County Superior Court Victories

State v. Mr. R. (DMC No. 8086)

REDUCED | 3 COUNTS of SEXUAL ASSAULT; 3 COUNTS of KIDNAPPING; 7 COUNTS of SEXUAL ABUSE; 2 COUNTS of ATTEMPTED SEX ABUSE and 1 COUNT of ATTEMPTED KIDNAPPING REDUCED to PROBATION with ZERO DAYS in JAIL – State v. Mr. R. (DMC No. 8086) (Coconino County Superior Court CR2007-0480): Mr. R. was a high level fire fighter in Flagstaff, Arizona who was accused of sexually assaulting his sister in law. His sister in law had been going through psychological counseling and had a “breakthrough” regarding “finding the strength to come forward”. She reported to Detectives that she had been groped, held and sexually assaulted multiple times since 1986 by her brother in law (a period spanning some 20 plus years). When Mr. R. was questioned by Detectives he admitted that he had a relationship of a sexual nature with her for some time, but stated it was fleeting in nature.

He was subsequently charged with 3 Counts of Sexual Assault (ARS 13-1406), 3 Counts of Kidnapping (ARS 13-1304), 7 Counts of Sexual Abuse (ARS 13-1404), 2 Counts of Attempted Sexual Abuse (ARS 13-1001 and 13-1404), and 1 Count of Attempted Kidnapping (ARS 13-1001 and 13-1304). Through extensive interviews with various family and community members, we were able to show that this had appeared to be a somewhat flirtatious and consensual relationship. However, due to the alleged “victims” statements, Mr. R. agreed to accept a plea that involved Probation and zero days in jail. If he were to have gone to trial and lost he could have easily spent his life in prison. Because he did admit that his advances may have been unwanted he agreed to accept the plea.

January 26, 2015
Posted on Author By dmcantor Categories 113 Sex Crime Pre-Charge Victories, 24-25A Child Pornography Victories, 25A Child Pornography Pre-Charge Victories, 300 Sex Crime Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. H (DMC No. 8011)

NOT CHARGED | SEXUAL EXPLOITATION of a MINOR/CHILD PORNOGRAPHY (DCAC) – State v. Mr. H. (DMC No. 8011) (Maricopa County Sheriff’s Office Investigated): Mr. H. was a 26 year old who was going through the application process for the Maricopa County Sheriff’s Office in order to become a Deputy. They administered a polygraph test in which they asked the standard question at whether he had ever looked at any child pornography “inadvertently”. He answered “yes” and explained that it happened while searching for a legitimate adult porn. Based on that statement, a search warrant was obtained and his computers were seized. They indicated that they were going to charge him with Sexual Exploitation of a Minor (Child Pornography) a Dangerous Crimes Against Children (DCAC) pursuant to ARS Section 13-3553. This means that he would be facing a minimum of 10 years in prison for each image found on the computer.

We became involved and had Mr. H. take an independent polygraph examination. In our test Mr. H. was asked if he ever intentionally viewed child pornography and he answered “no” truthfully. We also demonstrated to the Sheriff’s Office that there were multiple people who had access to his computer and then it was not password protected. Therefore, if there were evidence of any specific searches for child pornography, they would not be able to conclusively state that Mr. H. had conducted them. No charges were brought against Mr. H.

January 26, 2015
Posted on Author By dmcantor Categories 113 Sex Crime Pre-Charge Victories, 24-25A Child Pornography Victories, 25A Child Pornography Pre-Charge Victories, 300 Sex Crime Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. R (DMC No. 8657)

NOT CHARGED | SEXUAL EXPOLITATION of a MINOR/CHILD PORNOGRAPHY (DCAC) – State v. Mr. R. (DMC No. 8657) (The Arizona State Board of Education Investigated): Mr. R. was an elementary teacher at Balsz Elementary School. He taught various computer classes to the students. Therefore, he was responsible to make sure that all improper sites were blocked and filtered. One of the students alleged that he had shown her both child pornography and adult pornography.

He was subsequently contacted by the Director and Superintendant and the Principal about these allegations. He was immediately suspended, pending termination. We became involved and we were able to show them that there were no items on the computer which would qualify as Child Pornography/Sexual Exploitation of a Minor a Dangerous Crimes Against Children (DCAC) per ARS Section 13-3553. We then presented our evidence to the investigation unit at the Arizona State Board of Education and they agreed that there was no criminal images on the computer. However, they were still concerned with the allegation by the female student that she was shown adult pornographic images. They agreed to allow Mr. R. to submit his letter of resignation instead of firing him. In addition, no criminal charges were ever filed. He was originally facing a minimum of 10 years in prison if he were to have been charged and convicted.

January 26, 2015
Posted on Author By dmcantor Categories 2000 Juvenile Court Victories, 24-25A Child Pornography Victories, 25 Child Pornography Reduced, 300 Sex Crime Victories, Case Victories

State v. Mr. K (DMC No. 9758)

REDUCED | 5 COUNTS of SEXUAL EXPLOITATION of a MINOR/CHILD PORNOGRAPHY (DCAC) REDUCED to ATTEMPT with PROBATION and 30 DAYS of DEFERRED JAIL – State v. Mr. K. (DMC No. 9758) (Maricopa County Juvenile Court JV181379): Mr. K. was a 16 year old high school student who had opened a “Lime Wire” account in order to download music and videos. City of Phoenix Police Department Detective’s ran a search and found that somebody at Mr. K.’s address had downloaded child pornography on 4 to 5 different occasions. After securing a search warrant, the SWAT team entered Mr. K.’s house with guns drawn and handcuffed and arrested everybody in the household. Originally, the Detectives had focused on Mr. K.’s father, but then they turned their attention on Mr. K.’s computer which was in his bedroom. Eventually a search was conducted on the computer which revealed numerous items of child pornography.

Mr. K. was subsequently charged with 5 counts of Sexual Exploitation of a Minor a Dangerous Crimes Against Children (DCAC) pursuant to ARS Section 13-3553. This is also known as “Child Pornography”. He was facing a mandatory minimum of 50 years in jail should he have been transferred to Adult Court. We became involved and we were able to convince the Deputy Maricopa County Attorney to keep the case in Juvenile Court. Ultimately we secured a plea to “Attempt” which included Probation and 30 days of deferred jail. Because he successfully completed his court ordered treatment, he did not have to serve that jail time. In addition, he did not have to register as a Sex Offender and he was released from probation and his case was finalized when he turned 18. He now has a clean adult record. Originally he was facing a minimum of 50 years in prison and a maximum of 115 years in prison.

January 26, 2015
Posted on Author By dmcantor Categories 23 Child Molestation/Sexual Conduct With Minor Reduced, 300 Sex Crime Victories, Case Victories, Yavapai County Superior Court Victories

State v. Mr. B. (DMC No. 8215)

REDUCED | SEXUAL CONDUCT with a MINOR State v. Mr. B. (DMC No. 8215) (Yavapai County Superior Court CR82007-0915) REDUCED to MISDEMEANOR CONTRIBUTING to The DELINQUENCY of a MINOR and VULNERABLE ADULT ABUSE with PROBATION and 6 MONTHS in JAIL – State v. Mr. B. (DMC No. 8215) (Yavapai County Superior Court CR82007-0915): Mr. B. was accused by his step daughter of having sexual conduct with her both before the age of 18 and after the age of 18. Mr. B. had been divorced from his wife for some time, and his step daughter was now a much older adult. Because there actually had been sexual contact with him after she had turned 18, and he provided pornography to her before the age of 18, he had violated the law. Because his step daughter had a low IQ and was considered a “vulnerable adult”, the Yavapai County Attorney’s Office chose to present the Grand Jury with evidence that he had sexual intercourse with his step daughter prior to her turning 18. He was subsequently indicted with Sexual Conduct with a Minor pursuant to ARS 13-1405.

We were able to show that there was discrepancy in her testimony regarding her age when she began having sex with Mr. B. This allowed us to secure a plea to a lowest level class 6 Vulnerable Adult Abuse per ARS 13-3623, and a Misdemeanor Contributing to the Delinquency of a Minor per ARS (blank). The plea included Probation with 6 months of jail. Originally, Mr. B. was facing years in prison.

January 26, 2015
Posted on Author By dmcantor Categories 2000 Juvenile Court Victories, 23 Child Molestation/Sexual Conduct With Minor Reduced, 300 Sex Crime Victories, Case Victories

State v. Mr. R. (DMC No. 9156)

REDUCED | CHILD MOLESTATION REDUCED to INDECENT EXPOSURE Class 6 Open/Misdemeanor with PROBATION and 45 DAYS of DEFERRED JAIL – State v. Mr. R. (DMC No. 9156) (Maricopa County Juvenile Court JV549236): Mr. R. was an 11 year old juvenile who was accused of having his 4 year old cousin touch is private parts. When he was confronted by his Aunt, he said he only did this because somebody had been touching him at school. After an investigation at the school, they recontacted Mr. R. and he admitted that he made up the story about the school because he was embarrassed about having his cousin touch him. He ultimately was charged in juvenile court with Child Molestation, pursuant to ARS 13-1410. We were able to have him tested by a Psychologist for both competency and for whether he was a risk to reoffend. This was done through a Psychosexual Risk Evaluation. We ultimately secured an offer to a juvenile charge of Indecent Exposure, which became a Misdemeanor upon successful completion of Probation. Also, no conviction appeared on his record once Mr. R. turned 18 years of age. He could have potentially been charged into Adult Court, or forced to register as a sex offender up until the age of 25 by the Juvenile Court. Mr. R. is now leading a productive life as an adult.

January 26, 2015
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 23 Child Molestation/Sexual Conduct With Minor Reduced, 300 Sex Crime Victories, Case Victories, Coconino County Superior Court Victories

State v. Mr. M. (DMC No. 8013)

REDUCED | 2 COUNTS of CHILD MOLESTATION (DCAC) REDUCED to ATTEMPT with PROBATION and ZERO DAYS in JAIL – State v. Mr. M. (DMC No. 8013) (Coconino County Superior Court CR2007-0791): Mr. M. had been divorced and had an 11 year old adopted daughter (who was adopted when she was 1 ½) and a 9 year old biological daughter with his ex wife. During his 2 weeks of visitation each summer he would take his daughters to Flagstaff to the Slide Rock Lodge. After returning home from one of the trips, his 11 year old adopted daughter claimed to their mother that Mr. M. had fondled her and removed his exposed penis and “rubbed it on her”. When Police had the alleged victim initiate a “confrontation call”, which was recorded, Mr. M. denied everything. At the end of the call, the alleged victim stated “maybe I was dreaming it”. When Police contacted Mr. M. directly he agreed to do a polygraph test and to answer all questions. After answering questions, a polygraph test was scheduled for a later date, which was cancelled under advice of his attorneys. His ultimately was indicted for Child Molestation, ARS 13-1410, a Dangerous Crimes Against Children (DCAC).

We became involved in the case and were able to secure Mr. M.’s release pending trial. Otherwise, he would have to remain incarcerated until the case resolved. We also had him take a polygraph test in which he passed. During the defense of the case we were able to show that his adopted daughter had a history of exaggerating and making up stories. We also discovered that there were eight empty beer cans found in the waste basket, and Mr. M. had been drinking heavily the night of the alleged incident. He remembered nothing after he fell asleep in front of the TV until he woke up the next morning. The Deputy Coconino County Attorney in charge of the case ultimately offered a plea to “Attempt” based upon Mr. M.’s intoxicated state, which would include probation. At sentencing, we convinced the judge to issue zero days in jail and Mr. M. was required to take alcohol abuse classes. Mr. M. was originally facing 10 to 23 years in prison (day for day) if he were to have been convicted.

January 26, 2015
Posted on Author By dmcantor Categories 22 Child Molestation/Sexual Conduct With Minor Dismissals, 30 Indecent Exposure Dismissals, 30-32 Indecent Exposure Victories, 300 Sex Crime Victories, 38B Sexual Abuse Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. C (DMC No. 9750)

DISMISSED | CHILD MOLESTATION (DCAC), SEX ABUSE (DCAC) and FELONY INDECENT EXPOSURE – State v. Mr. C. (DMC No. 9750) (Maricopa County Superior Court CR2010-006442): Mr. C. was a 61 year old man who lived across the street from a family who had a 6 year old daughter. He would often babysit the 6 year old daughter, who had emotional problems. She would often take off her clothes and dance naked in his living room and he would have to tell her to stop and immediately take her home to her mother. She would also walk into his bathroom when he would be urinating and try and look at his exposed penis. The girl’s father (who did not live with her or the mother) heard accusations from his daughter that she had been touched by Mr. C. He immediately contacted the Goodyear Police Department and an investigation was conducted on Mr. C.

We became involved and allowed him to be polygraph and voice stress analyzed by the Goodyear Police Department. Although his results were “truthful” on the tests, they still felt he was not telling the truth. Approximately 3 years later, Mr. C. was indicted and charged (long after he thought this issue was closed). His charges included Child Molestation under ARS 13-1410; Sex Abuse under ARS 13-1404; and Felony Indecent Exposure under ARS 13-1402. During our investigation we exposed many flaws in the Detective’s reports, and some out right falsities attributing statements to Mr. C.’s adult children. We also filed a motion to have the Grand Jury indictment remanded based upon these flaws. Just prior to the date of trial, the Deputy Maricopa County Attorney in charge of the case filed a Motion to Dismiss all charges. Originally, Mr. C. would have spent the rest of his life in prison if he were convicted of these charges.

January 14, 2015
Posted on Author By dmcantor Categories 1300 Bench Trial Victories, 1300A Complete Bench Trial Acquittal / All Criminal Charges, 20 Sex Crime Jury/Bench Trial Victories, 300 Sex Crime Victories, 36 Prostitution / Solicitation Dismissals, Case Victories, Tempe City Court / Tempe Municipal Court Victories

State v. Ms. M (DMC No. 8114)

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.

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