January 10, 2014

January 10, 2014 By dmcantor 300 Sex Crime Victories, 33-35 Public Sexual Indecency Victories, 34 Public Sexual Indecency Reduced, Case Victories, City Court Victories, Mesa City Court / Mesa Municipal Court Victories

State v. Mr. R. & Ms. W (DMC No. 10344 & 10345)

REDUCED | PUBLIC SEXUAL INDECENCY REDUCED to “disorderly conduct” with zero jail – State v. Mr. R. & Ms. W. (DMC No. 10344 & 10345) (Mesa City Court 2011-068741 & 2011-068733): Mr. R. & Ms. W. were engaged to be married, when they went to a local park in his truck. It was dark out and nobody else was around when they began engaging in sexual conduct. Officers who were patrolling the park at night for high school curfew violators snuck up on the vehicle, and then looked inside. Both Mr. R. & Ms. W. were cited. We became involved in the case, and we convinced the Prosecutor that the officer’s had to “sneak up” on them and were “hoping” to see them engaged in sexual intercourse. Due to the potential embarrassment if the case were to proceed to jury trial, the Prosecutor agreed to reduce the charges to a simple “disorderly conduct” with a small fine.

January 10, 2014

January 10, 2014 By dmcantor 300 Sex Crime Victories, 33-35 Public Sexual Indecency Victories, 34 Public Sexual Indecency Reduced, Case Victories, City Court Victories, Phoenix City Court / Phoenix Municipal Court Victories

State v. Mr. D (DMC No. 10169)

REDUCED | PUBLIC SEXUAL INDECENCY REDUCED to disturbing the peace with zero days jail– State v. Mr. D. (DMC No. 10169) (Phoenix City Court 2001-9002978): Phoenix Police Detectives were conducting an undercover operation at the Dreamy Draw Park where gay men often went to engage in sexual activity. The undercover officer made contact with Mr. D. and began to “flirt” with him. Mr. D. eventually reached over and touched the officers crotch over his jeans, and was immediately arrested for public sexual indecency. Due to entrapment defenses, along with the fact that no “reasonable” person would be offended in the same circumstance (i.e. two apparently gay men flirting in secluded area), we convinced the Prosecutor to reduce the charge to a simple “disturbing the peace” with a small fine.

January 10, 2014

January 10, 2014 By dmcantor 113 Sex Crime Pre-Charge Victories, 21 Sex Crime Pre-Charge Victories, 30-32 Indecent Exposure Victories, 300 Sex Crime Victories, 32 Indecent Exposure Pre-Charge Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. T (DMC No. 6728)

NOT CHARGED | INDECENT EXPOSURE – State v. Mr. T. (DMC No. 6728) (Glendale PD & Orange County Sherriff’s Department Investigated): Two girls called police and claimed that Mr. T. pulled up in his truck and that he wasn’t wearing any pants that he had exposed himself. One of the girls later said she did not actually see anything, but the other girl said she had. When Mr. T. was questioned, he invoked his right to counsel and was worried he was being “set up for cutting these girls off in traffic”. Upon contact with the Detectives, we declined to have Mr. T.’s photograph taken and asked that they use his DMV photo for any photo lineups. A photo lineup was conducted with the alleged victim (who was now back in Orange County), and she picked somebody other than Mr. T. At that point we were successful in stopping all charges from being filed.

January 10, 2014

January 10, 2014 By dmcantor 2100 Superior Court Victories, 29 Sexual Assault Reduced, 300 Sex Crime Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. H (DMC No. 4572)

REDUCED | SEXUAL ASSAuLT REDUCED to “attempt” with probation and 1 year jail – State v. Mr. H. (DMC No. 4572) (Maricopa County Superior Court CR2004-037896): Mr. H. was accused of sneaking into his step-daughters room at night and touching her vagina. His step-daughter was 18 at the time, and she reported the incident to the police and her mother the very next day. A “confrontation call” was done where she contacted him by phone, and that call was recorded by police. He made admissions at that time, as well as after he was arrested and questioned by police. We were able to present substantial mitigating evidence in order to secure an offer to probation along with 1 year of jail, in which he was released during the day to go to work. He was originally facing up to 12.5 years in prison.

January 10, 2014

January 10, 2014 By dmcantor 2100 Superior Court Victories, 23 Child Molestation/Sexual Conduct With Minor Reduced, 29 Sexual Assault Reduced, 300 Sex Crime Victories, 38B Sexual Abuse Victories, Apache County Superior Court Victories, Case Victories

State v. Mr. A. (DMC No. 10474)

REDUCED (All) | 7 COUNTS OF SEXUAL CONDUCT WITH A MINOR (DCAC)/3 COUNTS OF SEXUAL ASSAULT/3 COUNTS OF SEXUAL ABUSE ALL REDUCED to “attempted sexual conduct/child abuse” with probation and zero days in jail – State v. Mr. A. (DMC No. 10474) (Apache County Superior Court CR2011-076): Mr. A. was accused of having sex with two different girls that were 14 years old when he was 17 years old. Even though Mr. A. was a minor, the fact that this case was a dangerous crimes against children (DCAC) because the victims were 14 or younger, caused him to be charged as an adult. He was facing a minimum of 65 years in prison on the sexual conduct with minor charges alone. We were able to present mitigating evidence, which included a Psychosexual Evaluation showing Mr. R. not to be a risk, and we secured an offer to probation with no further jail. Although he had been in jail pending the disposition of the case, we were able to resolve the case in a fairly timely manner and he is currently doing very well on probation as a free man.

January 10, 2014

January 10, 2014 By dmcantor 113 Sex Crime Pre-Charge Victories, 21 Sex Crime Pre-Charge Victories, 300 Sex Crime Victories, 38B Sexual Abuse Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. A (DMC No. 10210)

NOT CHARGED | SEX ABUSE– State v. Mr. A. (DMC No. 10210) (Mesa PD Investigated): Mr. A. was a Doctor who was conducting a standard exam, when a 50 year old patient with mental issues accused him of fondling her breasts while using a stethoscope. Because Mr. A. had been previously accused of similar conduct in another State, and had a prior civil case filed against him almost 30 years earlier, Detectives began to investigate. We became involved with Detectives and the Medical Board, and showed that we hired a Private Investigator who had performed research on the alleged victim. She had made similar allegations regarding others in the past, and had mental issues. When she was confronted with this by Detectives, she no longer wished to seek prosecution. No charges were ever brought against Mr. A. and his medical license was not affected.

January 10, 2014

January 10, 2014 By dmcantor 113 Sex Crime Pre-Charge Victories, 115 Assault/Violent Crime Pre-Charge Victories, 21 Sex Crime Pre-Charge Victories, 29A Sexual Assault 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. B (DMC No. 6764)

NOT CHARGED | SEXUAL ASSAULT/VULNERABLE ADULT ABUSE – State v. Mr. B. (DMC No. 6764) (Glendale PD Investigated): Mr. B. had been married for over 30 years when his step-daughter moved into the same trailer park complex that he lived in. She was currently under the treatment of “Value Options” for having a mental disability. They began having a sexual relationship that was consensual, and then she became enraged when he would not loan her money. She then reported the sexual conduct to Value Options and stated that she was not only sexual assaulted since she had moved into the trailer park, but also 30 years earlier when she was only 14. Glendale Police investigated and we presented evidence of her attempted extortion. When they went back to speak with the alleged victim, she no longer wished to aid in prosecution, and no charges were ever brought. Mr. B. would have been facing decades in prison if he were charged and convicted.

January 10, 2014

State v. Mr. R (DMC No. 6772)

NOT CHARGED | SEX ASSAULT/VULNERABLE ADULT ABUSE – State v. Mr. R. (DMC No. 6772) (Phoenix PD Investigated): Mr. R. had been married for 13 years, and he had a 36 year old step-daughter who was mentally handicapped and lived in a group home. His wife accused him of having a sexual relationship with the step-daughter, and Detectives were contacted. The step-daughter would not cooperate with police, and she also had changed her story that she had originally told to her mother. We were able to invoke Mr. R.’s 5^th Amendment rights, and the Detective had to deal directly with us. The Detective determined there was “insufficient evidence”, and the case was never sent to the Maricopa County Attorney’s Office for charging. If convicted, Mr. R. would have faced multiple years in prison.

January 10, 2014

January 10, 2014 By dmcantor 113 Sex Crime Pre-Charge Victories, 21 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. 10626)

NOT CHARGED (ALL) | CHILD PORNOGRAPHY– State v. Mr. H. (DMC No. 10626) (Century Link Investigated): Mr. H. received a letter from Century Link, along with lawsuit documents that he had illegally downloaded child pornography onto his computer. He immediately got us involved, and we discovered that multiple people (including his teenage sons) had accessed his computer. The site that was downloaded allegedly contained “teen porn”. We were able to keep him from being charged with criminal charges, and had the lawsuit from Century Link dismissed for a small settlement, (due to the fact that “someone” in his household had downloaded the videos). Mr. H. had originally been facing multiple decades in prison if he were to have been charged and convicted.

January 10, 2014

January 10, 2014 By dmcantor 113 Sex Crime Pre-Charge Victories, 24-25A Child Pornography Victories, 25A Child Pornography Pre-Charge Victories, 30-32 Indecent Exposure Victories, 300 Sex Crime Victories, 32 Indecent Exposure Pre-Charge Victories, 38 Miscellaneous Sex Crimes Victories, 38C Furnishing Harmful or Obscene Materials to a Minor, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. R (DMC No. 10213)

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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State v. Mr. R. & Ms. W (DMC No. 10344 & 10345)

State v. Mr. D (DMC No. 10169)

State v. Mr. T (DMC No. 6728)

State v. Mr. H (DMC No. 4572)

State v. Mr. A. (DMC No. 10474)

State v. Mr. A (DMC No. 10210)

State v. Mr. B (DMC No. 6764)

State v. Mr. R (DMC No. 6772)

State v. Mr. H (DMC No. 10626)

State v. Mr. R (DMC No. 10213)