State v. John Doe (2018)

Defense Counsel:

Charges: Rape; Aggravated Child Molestation; Child Molestation

State’s Case:

The 14-year-old sister of the 23-year-old defendant wrote in her journal that her brother had treated her like a "sex toy" - made her engage in intercourse and fellatio. The girl's mother reported the statement to her daughter's therapist and notified the police. During an interview with police, the defendant allegedly confessed to all crimes. There was no physical evidence, only the girl's word; yet, the defendant was facing two Life sentences.

Judgement:

The defendant's mother hired Doug Peters and Jason Sheffield to investigate and mitigate. Although the mother reported the allegations, she was hesitant to accept that her son was guilty of the charges. Defense counsel learned that the daughter had an extensive history of lying and manipulation and writing sexual fantasy stories of incest between brother and sister. Also, the defendant was mental ill and suffered from a history of bipolar disorder, schizophrenia and hallucinations, mania, blackouts, and intellectual disability but was not being treated at that time for anything. While he was fairly high functioning, he was easily coerced by others. During his interview with police, the officers used his history of blackouts against him and convinced him that he had molested his sister but didn't remember it. Ultimately, this reflected badly on the police. After extensive testing on the defendant to show he was not a sexual predator and highlighting the girl's history, defense counsel was able to resolve the case favorably with lesser charges, no jail time, and first offender treatment. Following 5 years of probation, his record would be expunged.