June 27, 2011

June 27, 2011 By dmcantor 300 Sex Crime Victories, 37 Prostitution / Solicitation Reduced, Case Victories, Chandler City Court / Chandler Municipal Court Victories, City Court Victories

State vs. Ms. K. (DMC No. 10027)

REDUCED | PROSTITUTION – State vs. Ms. K. (DMC No. 10027) (Chandler City Court No. 11-C-3259851): Ms. K. was advertising on the backpage.com regarding therapeutic messages. An undercover officer arrived at her location and attempted to convince her to engage in a sex act in exchange for money. She refused to, but said that she would massage him wherever he liked. She was then arrested and charged with prostitution. We were able to convince the prosecutor that there was no factual basis for Prostitution, and instead her charge was reduced to a Misdemeanor for No Escort License.

June 22, 2011

June 22, 2011 By dmcantor 113 Sex Crime Pre-Charge Victories, 21 Sex Crime Pre-Charge Victories, 300 Sex Crime Victories, 37A Prostitution / Solicitation Pre-Charge Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. C. (DMC No. 10243)

NOT CHARGED | SOLICITATION OF PROSTITUTION – State v. Mr. C. (DMC No. 10243) (Phoenix PD Investigated): Mr. C. was flagged down by an undercover female Police Officer posing as a prostitute. When she met with him, she was wired to record everything. She was the first one to mention a sex act and money. After Mr. C. agreed, Officers pulled him over, arrested him and impound his car. Even though he had been cited, we became involved and got his car back quickly. In addition, we contacted the City of Phoenix Prosecutors Office and pointed out the flaws in their case regarding potential entrapment (per their charging policy, the defendant is always to mention the sex and money first). They agreed, and did not follow through with charging Mr. C. They routed it back for further investigation, however the 1 year statute of limitations ran and no charges were ever brought against Mr. C.

March 29, 2011

March 29, 2011 By dmcantor 113 Sex Crime Pre-Charge Victories, 21 Sex Crime Pre-Charge Victories, 29A Sexual Assault Pre-Charge Victories, 300 Sex Crime Victories, 900 Pre-Charge Case Victories, Case Victories

State vs. Mr. R (DMC No. 10012)

NOT CHARGED | SEXUAL ASSAULT State vs. Mr. R. (DMC No. 10012) (Tempe Police Department): Mr. R. was a college student at ASU who had had an on-again off-again relationship with a young lady. Both were now dating other people when he had got a call from her asking that he come over to her apartment. When he arrived there, she had been drinking and she proceeded to tell him that his new girlfriend was a liar and was not actually a virgin. She then stated “I miss you” and they both engaged in consensual sex. She then got angry and told him “I’m not going to be girl number 2 anymore” and threw him out of her room. Her boyfriend found out about the incident, and convinced her to go to the police the next day. We were not only able to convince the police department to not file charges, we were also able to convince ASU’s Administrative Hearing Board to “exceptionally clear” the charges, thus allowing Mr. R. to remain a student at ASU.

November 15, 2010

November 15, 2010 By dmcantor 1900 Federal Court Victories, 24-25A Child Pornography Victories, 25 Child Pornography Reduced, 300 Sex Crime Victories, Case Victories

U.S. vs. Mr. F (DMC No. 9901)

REDUCED | POSSESSION AND DISTRIBUTION OF CHILD PORNOGRAPHY – U.S. Government vs. Mr. F. (DMC No. 9901) (U.S. District Court – District of Arizona No. CR10-01661-001): Mr. F. was an adult male who lived in a group home for those with Autism. He was high functioning and was able to log on to his computer and download a large quantity of child pornography. Due to his restrictive learning development, we were able to negotiate with the prosecutors in order to reduce this case to a plea of probation with no jail time. Only counseling and monitoring were required. He was originally facing the standard minimum plea offer of 5 years in prison, which elevates to 20 years in prison if he were to have proceeded to trial and lost. This case was an example of how diminished capacity can result in a massive reduction in penalty.

May 20, 2010

May 20, 2010 By dmcantor 1000 Complete Jury Trial Acquittals / All Criminal Charges, 20 Sex Crime Jury/Bench Trial Victories, 30 Indecent Exposure Dismissals, 30-32 Indecent Exposure Victories, 300 Sex Crime Victories, 33 Public Sexual Indecency Dismissals, 33-35 Public Sexual Indecency Victories, 50 Assault/Violent Crime Jury Trial Victories, 500 Assault / Violent Crime Victories, 57 Disorderly Conduct/Threats Dismissed, 57-59 Disorderly Conduct / Threats Victories, Case Victories, City Court Victories, Jury Trial Victories, Mesa City Court / Mesa Municipal Court Victories

State V. Mr. J (DMC No. 9674)

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.

August 11, 2009

August 11, 2009 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, City Court Victories

State v. Mr. T (DMC No. 6477)

NOT CHARGED | CHILD PORNOGRAPHY (Gilbert Police Department Investigated) Mr. T. was at a local Walgreens pharmacy picking up film from his 5-year-old daughter’s birthday party when police showed up and took him in for questioning. It had turned out that another child had obtained one of the many disposable cameras available to the children at the party and had taken photos of Mr. T’s daughter’s private parts. By reconstructing the height of the photographer and the angle of the camera (which showed the photographer was 3-feet tall), we were able to prove that another child had taken the photos and not Mr T. He went from facing a mandatory minimum 30 years in prison to not being charged at all.

Gilbert Police Department

April 27, 2008

April 27, 2008 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 vs. Mr. L (DMC No. 9999)

NOT CHARGED | SEXUAL EXPLOITATION OF A MINOR (Child Pornography) State vs. Mr. L. (DMC No. 9999) (Chandler Police Department): Police showed up at Mr. L.’s house and asked to search his computer due to allegations of alleged Child Pornography. When he refused, they told him that they would get a search warrant and come back and lock down his house. He then agreed and his computer was taken and searched. Police allegedly had found numerous images of simulated and possibly real child pornography on his computer. Due to the issues of a potentially illegal search under the case of Bumper vs. North Carolina, we were able to convince the detectives to not file charges. Mr. L. was facing a potential minimum of over 100 years in prison if he were convicted.

January 16, 2008

January 16, 2008 By dmcantor 1000 Complete Jury Trial Acquittals / All Criminal Charges, 20 Sex Crime Jury/Bench Trial Victories, 2100 Superior Court Victories, 28 Sexual Assault Dismissals, 300 Sex Crime Victories, 38B Sexual Abuse Victories, 50 Assault/Violent Crime Jury Trial Victories, 500 Assault / Violent Crime Victories, 71 Kidnapping Dismissals, 71-72A Kidnapping Victories, Case Victories, Jury Trial Victories, Maricopa County Superior Court Victories

State v. Mr. G (DMC No. 7687)

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.

October 15, 2007

October 15, 2007 By dmcantor 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 vs. Mr. T (DMC No. 9769)

NOT CHARGED | CHILD MOLESTATION/ SEX ABUSE – (DMC No. 9769) (Gilbert Police Department): Mr. T. was accused by his half sister of molesting her when she was a child. She also claimed that recently (when she was 16 years of age) Mr. T. had snuck into her room while she was asleep. She claimed that he put a blanket over her head and fondled her and took pictures while she pretended to be asleep. Due to questions regarding Mr. T.’s half sisters motivation for making the report, and the fact that her other sister was in the room at the time and reported neither seeing nor hearing anything, we were able to convince detectives and prosecutor’s not to file charges.

August 11, 2007

August 11, 2007 By dmcantor 113 Sex Crime Pre-Charge Victories, 2100 Superior Court Victories, 28 Sexual Assault Dismissals, 300 Sex Crime Victories, 500 Assault / Violent Crime Victories, 71 Kidnapping Dismissals, 71-72A Kidnapping Victories, 900 Pre-Charge Case Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. R (DMC No. 7116)

NOT CHARGED/DISMISSED | SEXUAL ASSAULT/KIDNAPPING – In 2007, Mr. R was accused of sexually assaulting a girl in a bar parking lot. We were able to show that, through witnesses, the girl willingly went with Mr. R into a parking lot vehicle and, was not kidnapped. In addition, the bar in question had a parking lot surveillance tape and the police were ordered by the Court to seize that tape. Because the police did not act for several months, the entire video system was replaced and the tape was lost forever. Motions were filed regarding the destruction of potentially exculpatory evidence, and the State dropped all charges.

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