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January 26, 2015
Posted on Author By dmcantor Categories 23 Child Molestation/Sexual Conduct With Minor Reduced, 300 Sex Crime Victories, 38B Sexual Abuse Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. B (DMC No. 8034

REDUCED | ATTEMPTED CHILD MOLESTATION and SEX ABUSE (DCAC) REDUCED to ATTEMPTED CHILD ABUSE Class 6 Open/Misdemeanor with PROBATION and ZERO DAYS in JAIL – State v. Mr. B. (DMC No. 8034) (Maricopa County Superior Court CR2007-005599): Mr. B. was a 26 year old who was accused of kissing, fondling and attempting to have sex with his future 14 year old step sister. Although the incident had happened 1 year prior, his step sister became upset and reported it to her grandmother after she had gotten into argument with Mr. B. When police questioned him, he admitted to everything. He was then charged with Attempted Molestation of a Child per ARS 13-1001 and 13-1401 and Sexual Abuse per ARS 13-1404; both charged as Dangerous Crimes Against Children (DCAC). After we became involved in the case, we had Mr. B. submit to a Psychosexual Risk Evaluation, which showed he was not a threat to society. This evaluation was presented to the prosecutor and we secured an offer of Attempted Child Abuse which was a Class 6 Open/Misdemeanor with Probation and zero days in jail. Mr. B. did not have to register as a Sex Offender, and when he successfully completed probation his case became a Misdemeanor. He now has no felony record. Originally he was facing years in prison if he were to have been convicted.

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 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.

August 25, 2014
Posted on Author By dmcantor Categories 300 Sex Crime Victories, 38B Sexual Abuse Victories, 500 Assault / Violent Crime Victories, 69 Robbery Dismissals, 69-70A Robbery Victories, Case Victories, Maricopa County Superior Court Victories

State v. Ms. L (DMC No. 8845)

DISMISSED | 2 COUNTS of SEX ABUSE/ATTEMPTED ROBBERY – State v. Ms. L. (DMC No. 8845) (Maricopa County Superior Court CR2007-180326, CR2008-104879): Mr. L. was suffering from undiagnosed mental issues when he walked behind the counter of a store inside of the Phoenician Resort as an employee was counting money.  He grabbed $250 and attempted to leave.  In a second case, he walked into the leasing office of the apartment where he resided, and reached out and touched a Leasing Agent’s breast two separate times.  He was ultimately arrested and charged with 2 counts of Sex Abuse and 1 count of Attempted Robbery.  After sitting in custody for 5 months with his previous attorney, we were hired by his father.  Within 90 days we were able to have a psychological evaluation conducted on Mr. L., and we held a Hearing pursuant to “Rule 11”.  The judge agreed with us that Mr. L. was not competent to stand trial, and all charges were dismissed and he was released from custody.

 

May 10, 2014
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 26-27 Luring a Minor Victories, 27 Luring a Minor Reduced, 300 Sex Crime Victories, 38B Sexual Abuse Victories, Case Victories, Maricopa County Superior Court Victories

State v. Mr. S (DMC No. 4599)

REDUCED | CHILD PROSTITUTION (DCAC) DISMISSED/LURING a MINOR REDUCED to probation with 1 year jail – State v. Mr. S. (DMC No. 4599) (Maricopa County Superior Court CR2004-009084): Mr. S. had gone online into a “chat room”, and made contact with what he thought was a 14 year old girl.  In reality it was an undercover Detective.  He asked the female to prove that she was only 14 by sending a photograph.  The Detective sent a photograph of herself when she was 14.  They arranged to meet at a Carl’s Jr. in order to have sex in exchange for $100.  When he arrived at the Carl’s Jr., he was immediately arrested and, when questioned, he admitted that he had gone there planning to pay to have sex with what he thought was a 14 year old girl.  Because Mr. S. was medically disabled, and had mental issues, we were able to convince the prosecutor to dismiss the charge of child prostitution (which carried a sentence of 13 to 27 years of prison), and to reduce the charge of luring a minor down to probation with 1 year in jail, and the ability to apply for Interstate Compact, so he could move out of Arizona after he completed his jail time.

February 19, 2014
Posted on Author By dmcantor Categories 113 Sex Crime Pre-Charge Victories, 300 Sex Crime Victories, 38B Sexual Abuse Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. C (DMC No. 6559)

NOT CHARGED | SEXUAL ABUSE – State v. Mr. C. (DMC No. 6559) (Phoenix Police Department Investigated): Mr. C. and his girlfriend had been living together for some while, when his girlfriend’s daughter told a psychiatrist that she had been fondled by Mr. C.  We were able to show that the alleged victim had behavioral problems, which included making false allegations against others, and that she had a mental disorder.  Also, her biological father was currently serving prison time in another State for allegedly abusing her.  Detectives determined that the alleged victim may have been making up this story in order to make Mr. C. move out of the house.  No charges were ever brought against Mr. C.

February 19, 2014
Posted on Author By dmcantor Categories 113 Sex Crime Pre-Charge Victories, 29A Sexual Assault Pre-Charge Victories, 300 Sex Crime Victories, 38B Sexual Abuse Victories, 900 Pre-Charge Case Victories, Case Victories

State v. Mr. A (DMC No. 4465)

NOT CHARGED | SEXUAL ASSAULT/SEXUAL ABUSE – State v. Mr. A. (DMC No. 4465) (Tempe Police Department Investigated): Mr. A. worked at a local convenience store (an AM/PM) in Tempe.  Police were called by a woman who claimed that she had gone into the store, and Mr. A. had pressed her against a wall, touched her breast and vaginal area.  We investigated and interviewed other witnesses who had been with the alleged victim after the incident.  She had failed to mention to them that she was sexually assaulted.  In addition, we were able to pull surveillance video from the AM/PM, which showed the alleged victim come in and began talking with Mr. A.  She also put her arms around him, hugged him and began kissing him.  After she purchased an 18 pack of beer, she began to walk out of the store in a swaggering and drunken manner.  When this information was provided to police, they attempted to re-interview the alleged victim, and she would not cooperate with police.  No charges were ever brought against Mr. A.

January 28, 2014
Posted on Author By dmcantor Categories 2000 Juvenile Court Victories, 300 Sex Crime Victories, 38B Sexual Abuse Victories, Case Victories

U.S. v. Mr. R (DMC No. 4799)

REDUCED | SEX ABUSE REDUCED to MISDEMEANOR with ZERO DAYS JAIL – U.S. v. Mr. R. (DMC No. 4799) (Maricopa County Juvenile Court JV537449): Ms. R. was a 14 year old junior high student who was with some other boys when he grabbed another student’s breast.  The police were called and he was charged with felony sex abuse.  We were able to keep the case in Juvenile Court, and have it reduced to a simple misdemeanor with probation and no jail.  There is no adult conviction on Mr. R.’s record.

January 10, 2014
Posted on Author By dmcantor Categories 2100 Superior Court Victories, 300 Sex Crime Victories, 38B Sexual Abuse Victories, 38D Voyeurism Victories, Case Victories, Pinal County Superior Court Victories

State v. Mr. M (DMC No. 10749)

REDUCED | VOYEURISM / SEX ABUSE REDUCED to “surreptitious photographing” with probation and 90 days jail – State v. Mr. M. (DMC No. 10749) (Pinal County Superior Court CR2011-02322): Mr. M. was accused of going into a Walgreens drug store and placing his cell phone camera underneath a young lady’s skirt.  He was also accused of intentionally rubbing his elbow across her breast when he walked by. He was confronted by the young lady’s grandmother, and store employee’s arrested him.  Due to the fact that he was on probation for prior felony offenses, and due to allegations that he had done this in the same store previously, the prosecution originally wanted prison time.  We were able to present mitigating evidence and get the case reduced down to a simple “surreptitious photographing” with probation and 90 days of jail. Originally Mr. M. was facing well over 5 year in prison.

January 10, 2014
Posted on Author By dmcantor Categories 113 Sex Crime Pre-Charge Victories, 115 Assault/Violent Crime Pre-Charge Victories, 300 Sex Crime Victories, 38B Sexual Abuse 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. S (DMC No. 6747)

NOT CHARGED | SEXUAL ABUSE/CHILD ABUSE  – State v. Mr. S. (DMC No. 6747) (Mesa PD & CPS Investigated) : Mr. S. had custody of his two grade school children due to his ex-wife being a drug addict and abandoning them.  While at the school nurses office, the older sister stated that Mr. S. had struck the younger child with a belt.  In addition, she claimed that he once touched her breasts.  CPS and Mesa PD became involved, and they took photos and questioned Mr. S.  We became involved on the case, and we’re able to show that the son was ADHD and Mr. S. had not abused the child when he disciplined him for bad behavior.  In addition, we showed that the contact with the older daughter was not of a sexual nature.  No charges were ever brought against Mr. S.

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