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December 27, 2018
Posted on Author By dmcantor Categories 300 Sex Crime Victories, 37B child sex trafficking Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. S (DMC No. 14024)

(5 Counts) Felony child sex trafficking (Dangerous Crimes Against Children) Reduced to Luring (Non DCAC) with 2 Years in Prison – State v. Mr. S (DMC No. 14024) (Maricopa County Superior Court CR2014-156066):  Mr. S reached out to an undercover Detective on a tagged social media account.  The profile was for an 18 year old girl who was an escort.  It also included three pictures of an adult female.  After the undercover Detective was contacted, the Detective took on a persona of a 16 year old girl.  Various conversations were had about bringing in other girls for sex who were 13 and 11 years old.

Many of the conversations did not specifically refer money from Mr. S.  All of the money talk came from the undercover Detective without any explicit agreement by Mr. S.  Ultimately, he arranged to meet the undercover and he was immediately arrested for Solicitation of child sex trafficking per Arizona Revised Statue ARS 13-3212.  They confiscated his computer tablets and phone, which detailed all of the conversations.

Mr. S had some potential defenses, however, if he lost at trial he would face a minimum of 35 years in prison, and a maximum of 105 years in prison.  Just prior to trial, the State offered to reduce the charge to 3 counts of Luring with 2 years in prison.  Mr. S could be released after 1 year and 8 months with good behavior.

December 27, 2018
Posted on Author By dmcantor Categories 300 Sex Crime Victories, 37B child sex trafficking Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. D (DMC No. 12174)

Felony child sex trafficking Reduced to Attempted Child Abuse Class 6 Open/Misdemeanor with Probation and 90 Days in Jail with Work Furlough/Release – State v. Mr. D (DMC No. 12174) (Maricopa County Superior Court CR2014-109850):  Mr. D responded to an advertisement on Backpage.com. He thought he was speaking with an escort, but it turned out to be an undercover police Officer.  The Officer stated, by way of text, that she was “15, almost 16”.  They arranged to meet at a hotel room.

Mr. D showed up with $80 and two condoms.  A conversation was held on videotape which he again was told that the undercover was “15, almost 16”.  Once he was placed under arrest, he stated that he didn’t believe her and thought she was lying.  She looked much closer to “30 years of age” was his comment.  He also stated that if he thought she had looked as young as she stated she was, he would have left the situation immediately. He was still charged with child sex trafficking under Arizona Revised Statute ARS 13-3212 (B) (2) and was facing 7 to 21 years in prison.  Because of the potential defenses he had, the State originally offered a plea to Pandering, a Class 5 Felony.  We eventually got them to agree to drop the plea down to Attempted Child Abuse, Class 6 Open/Misdemeanor with Probation and 90 days in jail with work furlough/release. At the conclusion of Probation, Mr. D’s charged turned into a Misdemeanor. He has no felony conviction on his record and he does not have to register as a sex offender.

December 27, 2018
Posted on Author By dmcantor Categories 300 Sex Crime Victories, 37B child sex trafficking Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. W (DMC No. 12253)

Felony child sex trafficking Reduced to Class 6 Open/Misdemeanor Attempted Child Abuse with Probation and 15 Days in Jail with Work Furlough/Release – State v. Mr. W (DMC No. 12253) (Maricopa County Superior Court CR2013-458386): Mr. W responded to an ad on Backpage.com for an escort.  Sometime during the conversation, an undercover Detective posing as an escort stated she was 16 years old.  Mr. W asked for a picture of her ID to show she was actually 18.  That was never sent to him. However, he was sent pictures by the undercover Officer of females in lingerie with their heads cropped out of the photo.  He arranged for a meeting with the escort, but he never showed up.  He then had six other text messages the next day, and then eventually agreed to meet for a “quickie” for $60 at a motel.  When he arrived at the motel, he could clearly see that the undercover Officer was closer to 30 years old.  He said he was not going to talk about sex acts and only wanted to lay down and cuddle.  When the escort refused, he got up and was immediately tackled by Officers who came in from the outside.

We showed the Prosecutor that they would have a very difficult time proving that he actually had the intent to sleep with an underage prostitute.  They realized that they could easily lose at trial.  However, if they did secure conviction, Mr. W would be facing 7 to 21 years in prison per Arizona Revised Statute 3212.  Ultimately, they agreed to offer a Class 6 Open/Misdemeanor Attempt charge with Probation and 15 days jail with work furlough/release.  At the conclusion of the Probation, Mr. W’s charge was converted to a Misdemeanor.  He has no felony conviction on his record.

December 27, 2018
Posted on Author By dmcantor Categories 300 Sex Crime Victories, 37B child sex trafficking Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. C (DMC No. 13345)

(2 Counts) Felony child sex trafficking Reduced to Pandering with Probation and 15 Days in Jail with Work Furlough/Release – State v. Mr. C (DMC No. 13345) (Maricopa County Superior Court CR2015-135680):  Mr. C responded to an ad on Backpage.com.  He thought he was speaking with two girls who stated they were 16 years old and agreed to have sex for $120 and a pack of cigarettes.  He was actually speaking with an undercover Detective at the time.  When he arrived at the Hotel Suites, he had money and cigarettes with him.  He then was immediately arrested.

He admitted to Officers that he was there to meet with two 16 year olds, that he knew it was wrong.  We got involved in the case because these 2 charges each carried a range of 7 to 21 years in prison per Arizona Revised Statute ARS 13-3212. Because they were 2 charges, the sentences had to be run consecutively to each other.  This means that his minimum exposure was 14 years in prison.  Because of Mr. C’s acceptance of responsibility, combined with the fact that the photos used in the ad were girls who appeared to be over 18, we were able to secure an offer to Pandering with Probation and 15 days in jail with work furlough/release.

December 27, 2018
Posted on Author By dmcantor Categories 300 Sex Crime Victories, 37B child sex trafficking Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. K (DMC No. 13115)

Felony child sex trafficking (with Prior Felony Conviction) Reduced to Pandering with Probation and 15 Days in Jail – State v. Mr. K (DMC No. 13115) (Maricopa County Superior Court CR2014-113198):  Mr. K responded to an ad on Backpage.com for an escort.  The police claimed that there was a phone conversation in which he agreed to pay $60 for sex.   However, no phone recordings were ever produced.

The police did have text conversations in which he asked how old the undercover Officer was, and the undercover Officer said “16”. He then asked if she was working for the “cops” and asked for a real picture.  They made arrangements to meet the next day in downtown Phoenix.  During a text conversation the next day, again it was confirmed that $60 would be the price for “regular sex”.  He then met her downtown and was immediately arrested. The original charge had a range of 7 to 21 years in prison if convicted.  Because of Mr. K’s prior conviction, the amount in prison on the minimum end was even higher.  We were able to produce the Psycho-Sexual Risk Evaluation to the Prosecutor showing that Mr. K was not a risk to re- offend.  In addition, because of lost recording of the alleged conversations, the State ran the risk of having a Willetts instruction presented at trial which could potentially cost them the case. Because of all of this, they agreed to extend an offer of simple Pandering with Probation and zero days in jail. Also, Mr. K was not required to register as a sex offender.

December 27, 2018
Posted on Author By dmcantor Categories 300 Sex Crime Victories, 37B child sex trafficking Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. W (DMC No. 12864)

Felony child sex trafficking Reduced to Pandering with Probation & Zero Days in Jail – State v. Mr. W (DMC No. 12864) (Maricopa County Superior Court CR2014-005348):  Mr. W responded to an escort ad on Backpage.com.  The ad stated that the girl was 22 years old and contained a photograph of a fully developed woman.  When he responded via text, the woman turned out to be an undercover officer posing as a 16 year old girl.  She stated that she wanted Mr.  W to bring her cigarettes, because she had lost her fake ID.  They also discussed various sex acts.

When he arrived at the hotel room, he gave the undercover Officer cigarettes and $100.  He then discussed various sex acts.  The undercover Officer went into the bathroom to “freshen up”, and then other Officers barged into the room and arrested Mr. W.

He was charged with child sex trafficking, which carried a range of 7 to 21 years in prison.  If convicted, he also would have to register as a sex offender.  We were able to show the Prosecutor that Mr. W did not actually believe the undercover Officer was underage, and once he saw her, this was confirmed.  If he would have thought she was underage, he would have immediately turned around, left the cigarettes with the girl and left the room.  The undercover Officer was actually 28 years of age.  Because the Prosecutor risked losing a trial, they agreed to offer a charge of Pandering with 2 years of Probation and zero days in jail.  Also, there was no requirement to register as a sex offender.

December 27, 2018
Posted on Author By dmcantor Categories 1900 Federal Court Victories, 24-25A Child Pornography Victories, 25 Child Pornography Reduced, 300 Sex Crime Victories, Case Victories

U.S. v Mr. D (DMC No. 12883)

Federal Felony Child Pornography Reduced to Probation with 3 years in Prison – U.S. v Mr. D (DMC No. 12883) (United States District Court, District of Arizona No. 2:14-CR-019396-SRB):  Mr. D worked for a local wireless company.  FBI Agents were running a software program in order to search Bit Torrent P2P networks for IP addresses that were file sharing child pornography.  A hit came up on the Cox network with the IP address registered to Mr. D.  It indicated that there were 19 images of child pornography which had been downloaded and distributed.

The FBI executed a search warrant at Mr. D’s residence and they found numerous computers.  When they interviewed Mr. D he denied ever searching specific child pornography websites, but he did search for some terms which could be linked with child pornography.  Subsequent searches revealed numerous images of child pornography on his computers.

We were brought into the case and we immediately had our forensic experts analyze Mr. D’s computers.  Although these computers had five secured wireless access points, it was still possible that somebody else may have used his system and downloaded the images of child pornography.  Because of the potential defenses, the Prosecutor offered Probation with 3 years of prison.   The initial offer was for 10 years of prison, and if Mr. D would have gone to trial and lost on all counts, he would have spent the rest of his life in prison.

December 27, 2018
Posted on Author By dmcantor Categories 22 Child Molestation/Sexual Conduct With Minor Dismissals, 300 Sex Crime Victories, Case Victories, Maricopa County Superior Court Victories

State v. Ms. G (DMC No. 11932)

Felony Sexual Conduct with a Minor (Dangerous Crimes Against Children) Dismissed – State v. Ms. G (DMC No. 11932) (Maricopa County Superior Court CR2013-440483): Ms. G was 25 years old with a very low cognitive function.  Her mental level was that of a 7 year old child.  She lived with her sister (her guardian) and her sister’s domestic partner and their children.  There had been previous incidents with the domestic partner’s children in which Ms. G was a victim of sexual conduct.  However, in this particular case, a male child under the age of 15 went into Ms. G’s bedroom and had sex with her.  Because Ms. G stated to the police officers that she knew “sex was wrong” she was immediately arrested and held for 2 weeks without bail.

We became involved in the case and immediately had the judge order a Rule 11 evaluation to determine if she could be “competent” to be prosecuted (see: “what is Rule 11“).  She was taken out of custody and evaluated at a facility that determined she was, in fact, “incompetent and non-restorable”.  Other experts agreed, and the Judge Dismissed all charges based upon Incompetency.  If Ms. G had been ruled as “Competent”, she would have faced a minimum of 20 years in prison.

December 27, 2018
Posted on Author By dmcantor Categories 22 Child Molestation/Sexual Conduct With Minor Dismissals, 28 Sexual Assault Dismissals, 300 Sex Crime Victories, 38B Sexual Abuse Victories, Casa Grande Justice Court Victories, Case Victories, Pinal County Superior Court Victories

State v. Mr. B (DMC No. 11308)

Felony Sexual Conduct with a Minor, (3 Counts) Felony Sexual Assault & (2 Counts) Felony Sex Abuse Dismissed– State v. Mr. B (DMC No. 11308) (Casa Grande Justice Court/Pinal County Superior Court IA-2011-133): Mr. B had been living with his girlfriend for some time and they had been having relationship issues. Also in the household was his girlfriend’s 12 year old niece.  Both had been drinking one night and engaged a loud argument about breaking up. Thereafter, his girlfriend claimed that the 12 year old niece had stated that Mr. B had come into her bedroom and committed sexual conduct with her.  She said that this first occurred when she was 11 years old and had been going on for the past year.

Police arrived and arrested Mr. B and he was charged with Sexual Conduct with a Minor, along with 3 counts of Sexual Assault and 2 counts of Sexual Abuse.  We were quickly engaged and were able to get him released from custody at start of the case. We then immediately contacted the Detective and the Prosecutor began providing them with information about Mr. B’s ex girlfriend. In addition, we provided them with a polygraph that showed Mr. B was being truthful when he stated he never engaged in any sexual contact with the minor.  As the Detectives’ investigation went further into the case, both the Detective and the Prosecutor agreed to Dismiss the charges and not bring them back up for re-filing.  If Mr. B had been convicted of all of the charges, he would have spent the rest of his life in prison, due to the fact that these crimes were Dangerous Crimes Against Children (DCAC).

December 27, 2018
Posted on Author By dmcantor Categories 300 Sex Crime Victories, 38A Failure to Register as a Sex Offender Victories, 400 Theft / Fraud Crime Victories, 47 Miscellaneous Theft/Fraud Victories, 47J Forgery Victories, 47O Identity Theft Victories, Case Victories, Maricopa County Superior Court Victories

State v Mr. M (DMC No. 11311)

(8 Counts) Felony Identity Theft, (4 Counts) Felony Failure to Register as a Sex Offender, (8 Counts) Felony Forgery & (4 Counts) Felony Presentment of False Instrument for Filing Reduced to Probation and Zero Days in Jail – State v Mr. M (DMC No. 11311) (Maricopa County Superior Court CR2012-006755): In 1972, Mr. M was 17 years old and ran away from home from Florida to California, where he assumed a different name.  He went and got his social security card when he got his first job and always left it under the assumed name.  He was later convicted of multiple misdemeanor sex crimes in the Phoenix City Court, and was required to Register as a Sex Offender per Arizona Revised Statue ARS 13-3821.  He had done so for years under the pseudonym.

In 2011, he changed his name back to his birth name.  This was done with the assistance of an “enumeration expert” with the Sex Offender Registry. She had told him he could change his name as long as he never went back to using his fake name, and she did not inform him that he had to re-register the new name within 72 hours of the change. Later, Mr. M was on unemployment and was collecting benefits under his old name.  He ultimately was arrested and charged with multiple counts of Forgery based on the Sex Offender Registration forms that he originally signed, and based on his employment verifications he signed on jobs he had worked at throughout the years.  He was also charged with Taking the Identity of another, Presentment of False Instruments and Failure to Register as a Sex Offender during the course of various moves during his lifetime.  We were able to show the Prosecutor that throughout the course of Mr. M lifetime he had never committed any other types of sex crimes (over the previous 50 years). In addition, he had always paid taxes and tried to comply with the law.  Although he was facing the rest of his life in prison if he were tried and convicted on all charges, we were able to secure a deal to Probation with zero days in jail.

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