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Category Archives: 28 Sexual Assault Dismissals

Felony Sexual Conduct with a Minor, (3 Counts) Felony Sexual Assault & (2 Counts) Felony Sex Abuse DismissedState 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).

DISMISSED | ATTEMPTED SEX ASSAULT/BURGLARY – State v. Mr. C. (DMC No. 10665) (Apache County Superior Court CR2011-0228): Mr. C. had a prior sexual relationship with the alleged victim in the past.  He had now started a relationship with one of her girlfriends who was currently pregnant.   Mr. C. and the alleged victim had been out earlier in the night, drinking and partying, before she went home.  He texted and called her, and then showed up at her house and let himself in.  She claimed that he attempted to sexually assault her, and she had fought him off and then he left.  During a recorded “confrontation call”, in which the alleged victim called Mr. C., he denied that he was ever aggressive with her.  He also had stated that she invited him over.  We were able to produce evidence that she had made false allegations in the past, and all charges were dismissed.


DISMISSED | SEXUAL ASSAULT & KIDNAPPING (Maricopa County Superior Court No. CR2006-172515): Mr. R. was at a bar when a young woman began “hitting” on him. They went out to his vehicle, and they engaged in consensual oral sex. The girl had been drinking heavily, then went back inside. When confronted by her friends, she said she was forced into having sex with Mr. R. The police came, contacted Mr. R. in the parking lot, and questioned him. He initially denied any sexual conduct (because he was married), then finally told them he had engaged in consensual sex. We were able to show that the police had lost audio and video recordings (and thereby destroyed evidence), combined with the alleged victim now claiming she was drunk and didn’t remember much of the incident at all. Ultimately the State moved to dismiss all charges just prior to trial. Mr. R. had been facing potentially over 30 years in prison.

DISMISSED | ASSAULT – (DMC No. 3708): Mr. T. was going through a divorce, and his wife claimed he had sexually assaulted her 7 times over the last several months. She had not called police before, and claimed she was waiting to file for divorce. We were able to sit down with the County Attorney’s Office and explained this was clearly a ploy to use as leverage in the divorce proceedings. In addition, we retrieved the wife’s criminal history, which showed she had a felony conviction for theft. In the end, we convinced the County Attorney’s Office to dismiss all charges.

REDUCED | SEXUAL ASSAULT (DMC No. 4219) (Maricopa County Superior Court No.: 2003-019710CR): Mr. S. was a massage therapist at a local resort. The allegedly victim had three (3) beers prior to having her massage (in which she requested a male masseuse). The alleged victim claimed that Mr. S had brushed her vagina one time, and then put his thumb in her vagina one time. The alleged victim then paid for the massage and left a tip for Mr. S, prior to reporting the incident. She then reported the incident and Mr. S was interviewed by police. He stated that the alleged victim was asleep, when she moved all of a sudden and he accidentally brushed her vagina one time. We were able to discover that the alleged victim had made a prior sexual assault claims in the past, and had looked to file a civil suit for money. We were ultimately able to convince the State to dismiss all charges. This occurred after Mr. S had already spent several months in jail, and was facing years in prison.

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.

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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