State v. Mr. R (DMC 15495 and 15496) – (3 Counts) (Felony Sexual Conduct With A Minor (DCAC: 47-year old adult/14-year old minor), (2 Counts) Felony Public Sexual Indecency to a Minor, (1 Count) Felony Aggravated Assault on a Minor, and (10 Counts) Felony Sexual Exploitation of a Minor (DCAC – Child Pornography) – Reduced to Attempt with 7.5 years in DOC and Probation – Maricopa County Superior Court (Case Nos. CR2017-108486 and CR2018-122109):
A Special Agent with Homeland Security signed into a KIK Account and observed a user posting sexually explicit materials. It was determined that these materials contained Child Pornography. The Special Agent then received Search Warrants and came back to the original site. It was then discovered that this same user had posted even more images of Child Pornography. After that, more warrants were procured in order to obtain an IP address from Cox.
After obtaining information from Cox, the Special Agent was able to locate the IP address of Mr. R, and a Search Warrant was issued on his house. During the search, numerous digital items were seized, and during the search of those items the downloaded Child Pornography was discovered. Mr. R was then detained at Sky Harbor airport as he exited a plane from Colorado.
During questioning, the Special Agent alleged Mr. R had made various incriminating statements. In addition, Mr. R’s live-in girlfriend confirmed that the computers that were seized were used by Mr. R exclusively. Mr. R retained a different law firm to handle his case, and he had an existing offer of 12 to 20 years in prison when he was subsequently hit with additional charges.
These additional charges included allegations of Sexual Conduct with a Minor, Public Sexual Indecency to a Minor, and Aggravated Assault on a Minor – all Felonies. These were dangerous crimes against children because the alleged minor was supposedly 14 years of age or younger at the time the crimes occurred. He was now facing the possibility of multiple life sentences in prison, and he then made the decision to terminate his prior counsel and hire our Firm.
We discovered that new allegations stemmed from an ex-girlfriend that Detectives had contacted, and as a result of interviews of her children. Various chats discovered on her computer looked very incriminating for Mr. R. We were able to show the possibility of some manipulation of the witnesses in the second case. In addition, we were attacking the voluntariness of Mr. R’s statements to the Police while he was in custody. We also had a Forensic Expert analyze all of the data, and various defenses were arising. Ultimately, the Prosecutors on both cases got together and agreed to offer a plea which included an Attempt charge with 7.5 years in DOC, in which Mr. R would only have to serve approximately 6 years with good behavior and an early kick-out provision. That was also followed by Lifetime Probation. Mr. R was originally facing at least 25 years to life in prison as an offer if we would not have discovered his defenses.
