Douglas N. Peters – Criminal Defense Notable Cases:
Child Sexual Abuse
Summaries of charges, defenses, and outcomes for clients prosecuted in counties throughout Georgia and the Southeast.
Charges Dismissed Before Warrant Issued
State v. John Doe (2022)
Defense Counsel:
Charges: Child Molestation
Prosecution's Case:
Child made a disclosure of suspicious touching and inappropriate behavior by mother's live-in boyfriend (the client). The child had a forensic interview where he repeated the "bad touch" by the client. Police immediately began to investigate, but elected not to make an arrest, if at all, until after meeting with defense counsel. If arrested, client was facing 20 years in prison and a lifetime on the Sex Offense Registry, not to mention losing his professional medical license.
Defense and Outcome:
Defense counsel found the client had been in a dating relationship with the mother for a couple of years. Their relationship had taken a bad turn, though, because the mother had been embroiled in a long, ongoing custody battle with her ex-husband for several years. The client explained, after two years-worth of craziness, he could not take her volatile personality any longer. He ended their relationship, which meant all their plans of her and the kids moving into his new house were ruined. She was angry with the client. The allegations followed immediately thereafter.
The client took and passed a polygraph and submitted to extensive psychological testing, which revealed that the client did not demonstrate a sexual attraction to prepubescent children or have any psychopathy or mental illness that might cause him to victimize young children.
Lastly, defense counsel discovered a long history of court filings by the mother against her ex-husband and his family wherein she had made several false allegations. After consulting with the District Attorney's office, the police elected not to arrest the client.
Aggravated Child Molestation investigation ends without arrest where Defense Counsel proves allegation and purported confession were product of misunderstanding, improper influence, and suggestibility (2020).
Defense Counsel:
Charges: Aggravated Child Molestation
Prosecution's Case:
Defendant was under investigation for having his sister perform oral sex on him when he was approximately 18 and she was approximately 13. Defendant admitted to the conduct. Although the sister subsequently recanted, and a witness said she was present and saw nothing inappropriate, police still planned to arrest Defendant for Aggravated Child Molestation based on the sister’s initial outcries and Defendant’s confession. Defendant was facing at least 25 years in prison and a lifetime on the Sex Offender Registry.
Defense and Outcome:
When the police detective agreed to let defense counsel investigate the case and share their findings before making an arrest decision, defense counsel set out to answer the question, “If nothing happened, then why would Defendant say that it did – why would he confess to something he didn’t do?”
Defense counsel interviewed all the witness the kids talked to about the incident (teachers, parents, therapists, and DFCS). It appeared that the sister had described the incident as horseplay, wresting around, accidental contact, no big deal. However, the parents and others began to call it “oral sex.” When the parents interrogated Defendant about "having oral sex" with his sister, and demanded that he own up to it, Defendant finally admitted that it happened.
Both children had been adopted from situations involving severe neglect and abuse. Defense counsel interviewed the parents about Defendant’s history, and obtained extensive records documenting that history. The parents explained, and the records confirmed, that Defendant had suffered trauma as a child; had cognitive difficulties; had a history of being a "yes man," going along with whatever he thinks you want from him.
Defense counsel hired a forensic psychologist to review all the case materials and conduct a psychological evaluation of Defendant. She determined that Defendant had PTSD, significant cognitive deficits, and highly elevated levels of susceptibility to influence, compliance, and “interrogative suggestibility.” She believed that the way his parents and others confronted/interrogated him increased his risk of compliance and suggestibility. Ultimately, she concluded that there were multiple personal and external factors that could have led Defendant to “falsely confess” – to go along with the allegations when, in fact, there was no sexually inappropriate behavior.
After presenting this information to the police detective, he decided to terminate his investigation and not to arrest Defendant.
State v. John Doe (2017)
Defense Counsel:
Charges: Child Molestation; Aggravated Child Molestation
Prosecution's Case:
The 71-year-old defendant played a "penis game" with his 3-year-old grandson and put his grandson's penis in his (the defendant's) mouth. The child disclosed to his parents, then in therapy, and then again in a forensic interview. The case was being investigated by police, who were willing to meet with defense counsel prior to making an arrest decision.
Defense and Outcome:
The alleged victim's mother was the defendant's daughter-in-law. Because the mother was molested as a child and she was hypersensitive to abuse, she inappropriately questioned her son when she saw her son acting inappropriately (but age appropriately) with his 2-year-old sister. During this questioning, the mother alleged that her son disclosed being touched inappropriately by the defendant. She then took her son to therapy to be treated for a molestation that never occurred. The mother also had a motive to falsely accuse the defendant because she and the defendant had a history of problems and disagreements. After the child spent 1.5 years in counseling for abuse that did not occur, he came to believe it was true. The defense prepared countless documents and pieces of evidence that demonstrated the defendant and his grandson had a normal, appropriate relationship. Dozens of witnesses served as good character witnesses of the defendant and reverse character witnesses against the mother. The defendant also took and passed two polygraphs and psychological testing. The defense shared their investigation with the detective. He chose not to arrest the defendant.
State of Florida vs. John Doe (2016)
Defense Counsel:
Charges: Aggravated Sexual Battery
Prosecution's Case:
The alleged victim was the 12-year-old son of the defendant’s on-again, off-again girlfriend. The boy alleged the defendant sexually abused him over the course of 2 years at various locations. The abuse included inappropriate touching of his penis at the defendant’s apartment and forced penetration of his anus by the defendant’s penis at the boy’s home and in a department store dressing room at the mall. The boy said he did not make an outcry right away because he was afraid, but, when he did outcry, his mother filed for warrants and also a protective order against the defendant. The defendant was facing Life in prison and Sex Offender registration.
Defense and Outcome:
In preparing for and then conducting the protective order hearing, the defense team learned there was no physical evidence and no reported physical injuries to the boy or his rectum, something forensic medical experts ultimately concluded was inconsistent with the allegations. Additionally, other family and friends recounted how the boy’s conduct during the time of the allegations was consistent with not being abused at all, rather, he showed normal, loving behavior toward the defendant, something psychological experts concluded was inconsistent with the boy being abused by the defendant.Defense counsel was able to use their investigation coupled with medical and psychological expert opinion and the testimony from the protective order hearing to convince police that defendant had been falsely accused. The defense worked jointly with police and presented their case to the District Attorney office. He was never arrested.
State v. John Doe (2014)
Defense Counsel:
Charges: Child Molestation, Enticing a Child for Indecent Purposes
Prosecution's Case:
Defendant, who was on the Sex Offender Registry for pleading guilty to Child Molestation in 1999, was under investigation by police and DFACS for making inappropriate, suggestive sexual remarks to his 14 year-old stepdaughter when the two were alone in the basement of their home. The stepdaughter alleged that Defendant asked her to masturbate while he watched, asked to see her boobs, and told her that he was bigger than her and could rape her.
Defense and Outcome:
A rapid defense investigation revealed that: Defendant was a stern disciplinarian who constantly lectured his children and step-children. The alleged victim was a troubled child with a history of disciplinary problems, lying, failing in school, drug abuse, risky interactions with strangers, and psychological issues, including “cutting.” On the night in question, Defendant confronted his stepdaughter about getting in trouble at school that day, and the lecture grew into an emotional, graphic lecture about sexual activity and the kinds of things that could happen to her if she were not more responsible. Although the conversation happened in the basement, this was high-traffic area, where the family television, children’s toys, and Defendant’s wife’s work desk were located. Defendant’s wife and son were at home, and could have overheard the conversation or entered the room at any time. In 15 years on the Sex Offender Registry, Defendant had never been accused of inappropriate conduct with anyone. Defense counsel presented all this evidence to police, demonstrating that Defendant had no sexual intent towards his stepdaughter. The police agreed to close its investigation without obtaining an arrest warrant, and DFACS subsequently dropped its case against Defendant.
State v. John Doe (2011)
Defense Counsel:
Charges: Rape; Child Molestation
Prosecution's Case:
A father of a 15 year-old girl repeatedly raped and molested her in their home since she was 12 years old. After her alleged outcry, the state found “biological” material inside the girl’s vagina, which she stated was from her father after he raped her the day before.
Defense and Outcome:
Despite the girl’s allegations, the defendant vehemently denied that his DNA could be inside his daughter’s vagina and looked to defense counsel to help him prove that he was telling the truth. Defense counsel, immediately investigated the girl’s background, reviewing thousands of text messages, Skype messages, Twitter posts, Facebook entries, and MySpace entries, which demonstrated her obsession with sex and older boys, and interviewed witnesses who reported no behavior by her consistent with being repeated sexually assaulted by her father. Defense counsel also discovered a long history of discipline issues with the girl, which included her disrespecting all authority, skipping school and being impregnated by her 18 year-old boyfriend. The detective, responding to defense counsel’s evidence, inquired further into the girl’s conduct, which defendant and defense counsel believed might cause her to admit she was lying. In fact, it did. In an “eleventh hour” video confession, the girl admitted that she lied and made the entire story up. The defendant was telling the truth about his daughter’s allegations. But, in a bizarre twist, it turned out that the semen inside the girl’s vagina was, in fact, the defendant’s. On the video, the girl went on to explain how she knew that her father and step-mother were using condoms during sex, that she collected her father’s semen from a used condom she discovered in his bathroom trash, inserted the semen inside her own vagina and then went to school to make the false outcry. The detective terminated his investigation against the defendant and charged the girl with False Report of a Crime.
State v. Jane Doe (2009)
Defense Counsel:
Charges: Aggravated Sexual Battery and Child Molestation
Prosecution's Case:
The 22 year old female Defendant babysat the alleged victim who made outcries that the Defendant sucked on her breasts, fondled her vagina, inserted her finger in the child’s vagina and made the child suck the Defendant’s breasts.
Defense and Outcome:
Following a rapidly performed defense investigation of facts, the defense presented evidence to the detective that showed the alleged victim had a history of lying, that she had made false sexual accusations in the past, that the Defendant’s character was excellent, and that multiple witnesses would testify to the bad character of the alleged victim. The detective then consulted with the District Attorney's office and agreed to close the investigation without obtaining a warrant for the Defendant’s arrest and without attempting to prosecute the Defendant.
State v. John Doe (2009)
Defense Counsel:
Charges: Aggravated Child Molestation, Aggravated Sexual Battery and Child Molestation
Prosecution's Case:
The 15 year old Defendant was under investigation after his sister told DFACS that he had kissed her, inserted toys into her vagina and behind, and kissed her behind.
Defense and Outcome:
Defense investigation revealed the alleged victim in the past had exaggerated claims for attention, had been presented with suggestive and sexual stimulus materials by teachers, the Defendant passed a polygraph, and defense experts did not feel she was acting in a manner consistent with being molested. Following presentation of this evidence to the District Attorney, DFACS, and the police the District Attorney and DFACS ceased all investigation against the Defendant. All information was given to the presiding Juvenile Court judge who was ruling over the deprivation hearing and the judge dismissed the deprivation action and apologized to the family for the terrible ordeal this must have been.
State v. John Doe (2006)
Defense Counsel:
Charges: Child Molestation (9 Counts)
Prosecution's Case:
Defendant's "live in" nanny made a report to the DeKalb County Department of Family and Children Services that Defendant had engaged in inappropriate conduct with his daughters.
Defense and Outcome:
Following defense investigation of facts, preparation of case for trial, and presentation of evidence to the Department of Family and Children Services, and the Department of Family and Children Services terminated their investigation and no criminal charges were filed.
State v. John Doe (2002)
Defense Counsel:
Charges: Child Molestation, Statutory Rape, Incest
Prosecution's Case:
The Defendant's 16 year old daughter ran away from home. She reported to the Gwinnett County Police that her father had sexually attacked her and raped her three times a week from 1992-1996 from the time she was six years old to ten years old. She further claimed that her mother was aware of what her father had done and told her not to tell anyone.
Defense and Outcome:
Following defense investigation of facts, preparation of case for trial, and presentation of evidence to the Gwinnett County Police they were convinced not to issue warrant.
State v. John Doe (2000)
Defense Counsel:
Charges: Aggravated Sodomy (4 Counts), Assault Against a Person in Custody (4 Counts), and Sexual Battery (4 Counts)
Prosecution's Case:
The Defendant was employed at an educational training and daycare facility providing services for children and adults who are handicapped. The alleged victim was a 23 year old male suffering from cerebral palsy and mental retardation that claimed on 4 separate occasions the Defendant committed acts of sodomy on him when he was assisting him to go to the bathroom.
Defense and Outcome:
Following defense investigation of facts, preparation of case for trial, and presentation of evidence to the District Attorney the District Attorney agreed not to present the case to the Grand Jury and all charges were dismissed.
Charges Dismissed After Warrant Issued
Aggravated Child Molestation, Aggravated Sodomy, and Child Molestation charges dismissed; defense counsel convinces prosecution to drop the case without seeking an indictment. (2020)
Defense Counsel:
Charges: Aggravated Child Molestation, Aggravated Sodomy, Child Molestation
Prosecution's Case:
After being accused, tried, and found not guilty of molesting his young daughter, Defendant was accused of molesting two of his sons. Defendant’s six-year-old son said Defendant placed his mouth his anus and penis; and Defendant’s eight-year-old son said Defendant put his mouth on his ears, neck, and belly in a sexual way. Defendant was arrested and facing 70 years to life in prison, followed by probation and sex offender registration for life.
Defense and Outcome:
Defendant had been prohibited from seeing his children for some time because of his daughter’s prior allegations of abuse. After being acquitted of those charges, Defendant eventually started having supervised visitations with his sons. Following his first unsupervised visit with them, his ex-wife alleged that two of the boys came home and disclosed that the defendant had molested them.
Defense counsel gathered and studied all the materials in the prior case, and learned that Defendant’s ex-wife was deeply involved in manipulating the daughter’s allegations. Defendant adamantly denied doing anything inappropriate to his daughter then, or to his sons now. Instead, he explained, it was just his ex-wife “at it again.”
Defendant had taken every precaution when he reestablished contact with his sons. He made sure he was always with another person; he recorded phone calls; he even videotaped his time together with his children. All of this material became evidence supporting his innocence.
During the case, the Department of Family and Children Services (“DFCS”) placed Defendant on the Child Abuse Registry (“CAR”). Defense counsel appealed that decision and demanded an administrative hearing, where they cross-examined Defendant’s ex-wife, police investigators, and the children. The children denied that their dad had done anything inappropriate to them, and it became abundantly clear that the ex-wife had manipulated them into saying otherwise. The judge ordered DFCS to remove Defendant from the CAR, finding there was not enough evidence to support the allegations against him.
Defense counsel also conducted an exhaustive investigation of the ex-wife’s background, interviewed witnesses, went to the scene of the alleged crime, had Defendant undergo psychological and other evaluations, and consulted with experts about child behavior and the effects of improper influence and manipulation on children.
After working up the case, defense counsel met with the prosecutor and presented all the forgoing evidence, ultimately convincing him not to indict the defendant on the new allegations. The warrants were dismissed and the case was closed.
State v. John Doe (2014)
Defense Counsel:
Charges: Rape and Incest
Prosecution's Case:
The 17 year-old defendant was accused of committing Rape and Incest against his 10 year-old sister, who told two classmates that the defendant repeatedly had intercourse with her. The students reported these allegations to their teacher, who in turn notified the school counselor, who then interviewed the sister and subsequently contacted police. The defendant was arrested; and because he had just turned 17, charges were filed against him in Superior Court rather than in Juvenile Court. If convicted, he faced 25 years minimum mandatory time to serve, followed by life on the Sex Offender Registry.
Defense and Outcome:
Defense counsel obtained discovery and had it reviewed by experts, who concluded that the “forensic interview” by the detective in the case was done very poorly, violating fundamental interview protocols. Further, a careful review of the detective’s interview of the school counselor revealed that the child’s purported “outcry” was suspicious, that the child never even identified the defendant as an alleged offender, and that the counselor likely tainted the process by introducing the idea that “penetration” occurred and that it was “painful.” The counselor failed to record the interview, and the detective did not obtain her rough, hand-written notes. Nor did the detective interview the two students or their teacher as potential witnesses to the “outcry.” Defense counsel also obtained records of the child’s physical examination and had the records reviewed by a forensic pathologist, who concluded that the examination was normal, consistent with nothing having been done to the child. The expert also noted that the child’s description of the alleged intercourse was not consistent with how she would expect it to be reported. In the child’s pediatrician records, defense counsel found that the child had been diagnosed with ADHD and ODD and was prescribed various medications for behavioral and emotional problems, and found nothing suggesting a history of sexual abuse. And the school records defense counsel obtained confirmed conduct and behavioral problems documented independently by teachers and counselors throughout the child’s academic career. The defendant submitted to a polygraph examination, where he maintained his innocence of Rape and Incest and was found to be truthful. After defense counsel presented the foregoing to the District Attorney, the state dismissed the Rape and Incest charges in Superior Court, transfering the charges to Juvenile Court, where the defendant’s case was resolved by a period of probation. Having charges resolved in Juvenile Court resulted in the defendant not having to serve time in detention, not facing 25 to life, having no conviction on his record, and not having to be on the Sex Offender Registry.
State v. John Doe (2009)
Defense Counsel:
Charges: Attempted Aggravated Child Molestation; Computer Exploitation of a Child
Prosecution's Case:
Defendant, an out-of-state resident, knowingly participated in online and telephonic sexually explicit chats with a person he believed was a 14-year-old girl, agreed to meet the girl at her home in Georgia while her mother was away to engage in sexual intercourse and oral sex, and then traveled to meet the girl. Defendant had Viagra and condoms with him at the time of his arrest. The "girl" was in fact an undercover agent posing as a 14 year-old.
Defense and Outcome:
The state's prosecutor agreed to give the defense time to investigate the case before indicting the defendant, during which time the defense studied every line of communication between the defendant and the agent posing as the "girl." Embracing the defendant’s belief that the “girl” was really a woman pretending to be younger -– a woman that he intended to have sex with -– the defense searched extensively for every fact in the case that supported defendant's belief. After months of line-by-line comparisons, extensive study into online behavior and clinical studies about on-line behavior and on-line belief systems, and consultation with "internet psychologists and behavioral experts," the defense met with the DA’s office on several occasions. Ultimately, they elected not to present their undercover sting operation to the Grand Jury and chose not to seek a criminal indictment.
State v. Reverend John Doe (2006)
Defense Counsel:
Charges: Aggravated Sexual Battery and Aggravated Child Molestation
Prosecution's Case:
The Defendant was the head pastor at a major church in Gwinnett County, was in his late 50's with no prior criminal record. Defendant was arrested following allegations by his grandson that the Defendant had rubbed his penis, and injured his grandson by inserting his finger into his grandson's anus.
Defense and Outcome:
Following defense investigation of facts, preparation of case for trial, and presentation of evidence to the District Attorney the warrant was dismissed.
State v. John Doe (2006)
Defense Counsel:
Charges: Child Molestation
Prosecution's Case:
The Defendant was a 60 year old male. A ten year old girl who lived next door to the Defendant claimed that the Defendant stood nude in front of the window at home and masturbated in her presence.
Defense and Outcome:
Following defense investigation of facts, preparation of case for trial, and presentation of evidence to the District Attorney the warrants were dismissed.
State v. John Doe (2006)
Defense Counsel:
Charges: Aggravated Sexual Battery, Child Molestation
Prosecution's Case:
The Defendant was 45 years old, a CPA, no prior record, married for 10 years whose wife claimed that his four year old daughter stated he had inserted his finger into her vagina.
Defense and Outcome:
Following defense investigation of facts, preparation of case for trial, and presentation of evidence to the District Attorney the warrants were dismissed.
State v. John Doe (2003)
Defense Counsel:
Charges: Child Molestation
Prosecution's Case:
The Defendant was accused by his 15 year old daughter of coming into her room while drunk, exposing himself to her, and attempting to have intercourse with her.
Defense and Outcome:
Following defense investigation of facts, preparation of case for trial, and presentation of evidence to the District Attorney the arrest warrant was dismissed. Defendant's arrest record expunged.
State v. John Doe (2003)
Defense Counsel:
Charges: Statutory Rape, Aggravated Child Molestation, and Aggravated Sodomy
Prosecution's Case:
The Defendant was an employee in the United States Attorney's Office in the Northern District of Georgia, Atlanta Division, and was working in the capacity of investigator/community liaison officer. The alleged victim was a 13 year old prostitute, chronic run away, and reputed nude dancer.
Defense and Outcome:
Following defense investigation of facts, preparation of case for trial, and presentation of evidence to the District Attorney the District Attorney agreed to include Defendant=s evidence with the State=s evidence for the Grand Jury=s consideration. Grand Jury dismissed all charges.
State v. John Doe (2001)
Defense Counsel:
Charges: Aggravated Child Molestation, Aggravated Sexual Battery and Child Molestation
Prosecution's Case:
The Defendant, 28 years old, was accused of committing Aggravated Child Molestation (Sodomy) by his three year old daughter. The Defendant and the child's mother had been having an off again, on again dating relationship for an extended period of time.
Defense and Outcome:
Following defense investigation of facts, preparation of case for trial, and presentation of evidence to the District Attorney the DFACS investigation was terminated and the criminal investigation was terminated by the District Attorney prior to presentation to Grand Jury.
State v. John Doe (2001)
Defense Counsel:
Charges: Child Molestation, Statutory Rape, Incest
Prosecution's Case:
The Defendant's ex-wife reported to authorities that Defendant had molested his six year old daughter during a weekend visitation. The mother of the alleged victim stated her daughter informed her the Defendant had fondled the child's vagina.
Defense and Outcome:
Following defense investigation of facts, preparation of case for trial, and presentation of evidence to the District Attorney the warrant was dismissed by District Attorney.
State v. John Doe (1999)
Defense Counsel:
Charges: Aggravated Child Molestation, Aggravated Sexual Battery and Child Molestation
Prosecution's Case:
The Defendant, a special education teacher for approximately 10 years, was arrested and charged with Aggravated Child Molestation for allegedly sodomizing his three year old daughter.
Defense and Outcome:
Following defense investigation of facts, preparation of case for trial, and presentation of evidence to the District Attorney the District Attorney dismissed all charges and refused to present the case to the Grand Jury.
Charges Dismissed After Indictment Issued
Child Molestation charge DISMISSED one week before jury trial (2022)
Defense Counsel:
Charges: Child Molestation
Prosecution's Case:
Defendant was arrested for Child Molestation when his estranged teenaged son alleged that, from the age of about 4 to 7, every time he visited Defendant, after every bath, Defendant would touch his penis in a sexual manner. His mother recalled that throughout this period, the child suffered from upset stomach and vomiting every time he came home from visits with Defendant. When Counsel could not convince the State to dismiss the warrants, Defendant was indicted and the State’s plea offer was 7 years to serve in prison, followed by 13 years on probation, and a lifetime on the Sex Offender Registry.
Defense and Outcome:
Defendant adamantly denied the allegations. He passed a polygraph test. A psychosexual evaluation showed he had no sexual attraction to children. Counsel had more than a dozen witnesses prepared to testify that Defendant had good character for honesty and appropriateness with children, including his own. Family and close friends said there was no evidence that abuse was happening. Everyone believed that conflict between Defendant and the child’s mother, the child’s alienation from Defendant, and the mother’s influence over the child, were behind the false allegations. Counsel gathered extensive evidence documenting that history. By visiting the home and studying the location of the alleged abuse, Counsel was able to prepare testimony and exhibits to show a jury how ridiculous it would be for Defendant to abuse the child in such a high-traffic, exposed area. Investigation of the child’s mother revealed that she was a police officer with a passion for handling child abuse cases, which Counsel believed impeached her credibility and showed she might have brought work home with her, exposing her son to thoughts and language of victimization.
Counsel consulted two expert psychologists who were prepared to testify about critical mistakes in the forensic interview of the child; significant evidence of improper influence on the child through the family history and during the police investigation; and substantial evidence that the child’s conduct and behavior were inconsistent with abuse. Also, a forensic pathologist was prepared to testify that the child’s stomach problems were consistent with poor eating and bathroom habits, not with abuse-induced stress.
After indictment, Counsel subpoenaed the child’s school, medical, and therapy records, and overcame motions to quash by convincing the Court that, in Child Molestation cases, these records were highly relevant, and that Defendant’s right to a fair trial trumped the child’s privacy rights. Indeed, Counsel found that the records here contained critical evidence supporting Defendant’s innocence.
Counsel also began battling the State on numerous pretrial motions, including a Motion to Admit Expert Testimony about Defendant’s Psychosexual Evaluation. The Court granted the motion, finding that evidence showing Defendant was not sexually attracted to children was relevant to rebut the State’s allegation that Defendant committed the offense for sexual gratification; and that the testing met the standard for admissibility set by Harper v. State, 249 Ga. 519 (1982).
A week before jury selection, the State approached Counsel about resolving the case without a trial, ultimately agreeing to dismiss the Child Molestation charge, to have Defendant plead as a First Offender to Cruelty to Children with 5 years to serve on probation - all of which meant no prison, no conviction on Defendant’s record, immediate record restriction, and no Sex Offender Registry.
In wrapping up the case, the State told Counsel, “Y’all do things differently than other lawyers.” Counsel took it as a compliment.
Aggravated Child Molestation and Aggravated Sodomy charges placed on Dead Docket where Defense Counsel raises Sexsomnia (“Sleep Sex”) defense and State elects not to proceed to trial (2018).
Defense Counsel:
Charges: Aggravated Child Molestation; Aggravated Sodomy
Prosecution's Case:
Defendant was accused of placing his mouth on his 8-year-old nephew’s penis in the middle of the night. Defendant did not deny the conduct, but said he had no memory of it, because he was asleep when it happened. The State considered Defendant’s statement tantamount to a confession and intended to put him on trial, where he was facing at least 25 years in prison and a lifetime on the Sex Offender Registry.
Defense and Outcome:
Defense counsel understood that even if Defendant admitted to the alleged conduct, it was not a crime if it wasn’t committed intentionally and voluntarily; and that you couldn’t form intent or commit a voluntary act while asleep.
Defense counsel gathered evidence that proved Defendant was asleep during the alleged episode, that he had a history of sexual and other behavior during sleep, and that he was not the kind of person who would sexually abuse a child. Defense counsel then consulted experts about the case: a polygraph showed that Defendant was telling the truth when he said he did not intentionally, knowingly touch his nephew; a psychosexual assessment concluded that Defendant was not a pedophile; and sleep experts diagnosed Defendant with “Sexsomnia,” a recognized sleep disorder. All agreed that the incident appeared to be a tragic accident caused by Defendant’s condition, not abuse.
After considering the Defense’s case, the State decided it would be difficult to win at trial and placed the case on Dead Docket indefinitely.
State v. John Doe: (2013)
Defense Counsel:
Charges: Child Molestation
Prosecution's Case:
The father showed his 6-year-old daughter his penis and pornography.
Defense and Outcome:
Following Defense Counsel’s intensive review of the facts of the case, which centered on prior false allegations amidst a divorce and custody battle over the child, Defense Counsel convinced the District Attorney’s Office that the child had been improperly influenced by the mother to make false allegations against the father. The District Attorney’s Office dismissed all charges just before trial.
State v. John Doe (2009)
Defense Counsel:
Charges: Rape, Aggravated Sodomy, Aggravated Sexual Battery, and Kidnapping
Prosecution's Case:
The complainant accused the Defendant of forcing her to engage in intercourse and oral sex one day after school. The Defendant admitted to police that he had sex with the girl but contended that it was consensual.
Defense and Outcome:
Defense investigation of the case revealed that the complainant had lied about her past sexual experience including falsely alleging that she had been raped in the past. The defense was able to show that the sex was consensual and that the complainant was unworthy of belief. Following the defense presentation of evidence to the District Attorney the District Attorney dismissed the indictment and allowed the Defendant to enter a pretrial diversion program.
State v. John Doe 1 and John Doe 2 (2006)
Defense Counsel:
Charges: Aggravated Child Molestation (2 Counts) and Aggravated Sodomy (2 Counts)
Prosecution's Case:
The Defendants were juveniles (16 and 14 year old brothers) who were indicted as adults for committing multiple acts of anal intercourse against a three year old neighborhood boy for whom they had babysat on several occasions over a six month period of time.
Defense and Outcome:
Court granted Defendant's pretrial motion to exclude the child's hearsay statements from trial as being unreliable. Following the Court's order, the District Attorney dismissed the indictment.
State v. John Doe (2005)
Defense Counsel:
Charges: Aggravated Sexual Battery (2 counts), Child Molestation (3 counts)
Prosecution's Case:
Defendant was accused by the six year old daughter of a friend of his wife's of inserting his finger into her vagina over a two year period of time.
Defense and Outcome:
Following defense investigation of facts, preparation of case for trial, and presentation of evidence to the District Attorney the indictment was dismissed.
State v. John Doe (2004)
Defense Counsel:
Charges: Rape, Aggravated Sexual Battery, and Child Molestation (3 Counts)
Prosecution's Case:
The 16 year old Defendant was arrested as an adult, denied bond, and indicted for the alleged rape and assault of a fellow high school student.
Defense and Outcome:
Following defense investigation of facts, preparation of case for trial, and presentation of evidence to the District Attorney the indictment was dismissed. Defendant's adult arrest record expunged. Case transferred to Juvenile Court for 70 Days in Juvenile Detention followed by probation.
State v. John Doe (1998)
Defense Counsel:
Charges: Sexual Abuse First Degree (2 Counts)
Prosecution's Case:
The Defendant was indicted for allegedly sodomizing (mouth to vagina) and digitally penetrating the vaginas of his girlfriend's two daughters (ages 5 and 3).
Defense and Outcome:
Following defense investigation of facts, preparation of case for trial, and presentation of evidence to the District Attorney the District Attorney dismissed the indictment.
State v. John Doe (1996)
Defense Counsel:
Charges: Aggravated Child Molestation (2 Counts) and Child Molestation (5 Counts)
Prosecution's Case:
Defendant was indicted for two counts of Aggravated Child Molestation and five counts of Child Molestation against his two children. The Defendant=s marriage was troubled and his wife had undergone chronic depression, suffered from bulimia and believed herself to have been molested as a child.
Defense and Outcome:
Following defense investigation of facts, preparation of case for trial, and presentation of evidence to the District Attorney the District Attorney dismissed the charges one week before the case was scheduled for trial.
Sexual Charges Dismissed After Indictment With Probation
State v. John Doe (2018)
Defense Counsel:
Charges: Rape; Aggravated Child Molestation; Child Molestation
Prosecution'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.
Defense and Outcome:
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.
State v. John Doe (2018)
Defense Counsel:
Charges: Statutory Rape; Child Molestation
Prosecution's Case:
The defendant, a 21-year-old college student, met a 14-year-old girl online who was pretending to be a 19-year fitness trainer. They had intercourse at his dorm. His DNA was found inside her vagina. The defense team issued subpoenas for the alleged victim's medical records, school records, and DFCS records, which showed that the girl had falsely accused others of rape. She was also known to be untruthful by teachers, school counselors, and coaches. The defense challenged the DNA results by showing the DNA could be there not as a result of intercourse but by the girl touching the defendant and then touching herself. The defense team also raised a constitutional challenge against Georgia's Statutory Rape and Child Molestation statutes because they did not allow a Mistake of Age defense.
Defense and Outcome:
On the morning of pretrial motions, just prior to trial, the state dismissed the indictment and allowed the defendant to enter plea to misdemeanor charges. He received First Offender probation and did not have to register on the Sex Offender Registry.
State v. John Doe (2014)
Defense Counsel:
Charges: Child Molestation and Sexual Battery
Prosecution's Case:
The defendant attended a wedding at a resort. After the wedding, and allegedly under the influence of alcohol, he climbed in bed with an adult woman and kissed her mouth and groped her vagina against her wishes. He then climbed into another bed and lay next to a 6-year-old child, whom he similarly kissed and groped. The defendant faced a possible sentence of 61 years in prison and a lifetime on the Sex Offender Registry.
Defense and Outcome:
The defendant denied being under the influence of alcohol. He found the adult woman in his bed and thought she wanted to be intimate. He admitted he kissed and touched her but stopped after she said stop. He did sleep on the bed with the child but stayed above the covers and never touched her. The defense team obtained all discovery, including witness statements and a copy of the forensic interview of the child wherein she claimed she was molested. Defense counsel learned that on the morning after the alleged incident, the adults were talking in front of the little girl about all of the sexual activity the night before, including that the defendant climbed in bed with the adult woman. The girl’s father inappropriately questioned the girl about whether the defendant tried to kiss her or touch her vagina. The girl nodded to the father’s questions. Working with experts on the forensic interviews of children, defense counsel learned that the statements made in front of the girl, followed by repetitive direct questions of the girl, were improper and could lead to the false allegations of child molestation. Based on their experts’ opinions, defense counsel informed the state they were ready for trial. Before defense counsel could conclude the pretrial motions, the state offered to dismiss the sexual charges and allow the defendant to plead under Georgia’s First Offender statute to negligently causing the child emotional pain by making contact with her while he was sleeping. He got probation and would never have to register as a sex offender.
State v. John Doe (2009)
Defense Counsel:
Charges: Child Molestation and Sexual Battery
Prosecution's Case:
The 26 year old Defendant was arrested and indicted for allegedly fondling the vagina of his neighbor's 4 year old daughter while sleeping over at the neighbor's house.
Defense and Outcome:
Following three years of investigation of facts, preparation of the case for trial, and presentation of the evidence to the District Attorney, the District Attorney dismissed the indictment of Child Molestation and Sexual Battery and allowed the Defendant to plead to one count of Cruelty to Children (a lesser, non-sexual offense). The defendant received probation and was not required to register on the Sex Offender Registry.
State v. John Doe (2009)
Defense Counsel:
Charges: Child Molestation, Sexual Battery (2 counts), Enticing a Child for Indecent Purposes, Cruelty to Children (2nd Degree)
Prosecution's Case:
The Defendant was 51 years old. The Defendant, his family, and his son's friend were on vacation for Thanksgiving in the North Georgia mountains. Upon returning home the son's friend accused the Defendant of talking to him about sexual matters, hitting the Defendant in the penis with a cuestick, and massaging him on his legs and back.
Defense and Outcome:
The defense investigation revealed that the alleged victim made his outcry when he was in trouble, that he had initiated the improper conduct with the Defendant, that he had initiated the same improper conduct with others, and there could be a money motive by the alleged victim's family for filing the charges. On the eve of trial, the District Attorney dismissed the indictment and a plea was entered to 1 count of Cruelty to Children in the 2nd Degree, a sentence of probation, and Defendant was not required to register on the Sex Offender Registry.
State v. Dr. John Doe (2005)
Defense Counsel:
Charges: Child Molestation (3 Counts)
Prosecution's Case:
The Defendant was a 1st grade school teacher and was indicted for three counts of allegedly molesting a six year old female in his class.
Defense and Outcome:
Following defense investigation of facts, preparation of case for trial, and presentation of evidence to the District Attorney the indictment was dismissed. Defendant entered Plea of Nolo Contendere to 2 misdemeanor counts of Simple Battery to 24 months probation. Defendant was not required to register as a sex offender.
State v. John Doe (1999)
Defense Counsel:
Charges: Child Molestation
Prosecution's Case:
The Defendant was charged with 1 count of Child Molestation. The alleged victim was his four year daughter who claimed that the Defendant had inserted his finger in her vagina when she was staying overnight with her father while her mother was out of town on a church retreat.
Defense and Outcome:
During jury selection the State dismissed the indictment and allowed the Defendant to enter an Alford plea (no admission of guilt) under the First Offender's Act (no requirement of registration on the Sex Offender Registry) to misdemeanor Simple Battery (offense of touching not in a sexual way) and probation.
State v. John Doe (1999)
Defense Counsel:
Charges: Aggravated Child Molestation and Aggravated Sodomy
Prosecution's Case:
The Defendant was charged in a 15 count indictment including counts of Aggravated Child Molestation and Aggravated Sodomy. All offenses were to have been committed against his adoptive daughter when she was 8-10 years old. The Defendant also had multiple charges against him in Gwinnett County, Georgia, as well as Dallas, Texas for similar alleged acts.
Defense and Outcome:
After a jury was selected and prior to opening statements the State agreed for the Defendant to enter an Alford plea (no admission of guilt), Nolo Contendere (no conviction), to six months work release/home confinement. Prosecuting Attorneys in Gwinnett County, Georgia, as well as Dallas, Texas, agreed to dismiss additional pending charges against the Defendant.
State v. John Doe (1996)
Defense Counsel:
Charges: Aggravated Sexual Battery and Child Molestation
Prosecution's Case:
The Defendant was indicted on one count of Aggravated Sexual Battery for allegedly inserting his finger into the anus of his girlfriend's daughter and one count of child molestation for allegedly rubbing his penis against her buttocks.
Defense and Outcome:
At Evidentiary Hearing on Pretrial Motion the State dismissed the indictment. The State agreed for Defendant to enter a plea of Nolo Contendere (no admission of guilt) under the First Offender's Act (no conviction), under Alford v. North Carolina (maintaining his innocence), to one misdemeanor count of Simple Battery, to sixty days probation, all suspended upon completion of 40 hours community service.
Jury Trials - Not Guilty Verdicts
State v. John Doe (2016)
Defense Counsel:
Charges: Child Molestation
Prosecution's Case:
The defendant, a single father who shared custody of his four-year-old daughter with the daughter’s mother was accused by the state of fondling his daughter. The State alleged that he had molested his daughter during the daughter’s weekend visitation with the father. The state presented evidence showing that the daughter told her mother, her pediatrician, and a forensic interviewer that her father touched her genitals and she told him to stop. The defendant adamantly denied the allegation.
Defense and Outcome:
The defense team proved that the allegation was false by showing that the daughter’s “outcry” to her mother occurred only after the defendant told the mother that he had a new girlfriend, and she became distraught over his relationship. The same day he changed his relationship status on Facebook, the mother claimed their daughter made her statement alleging he fondled her. At trial, defense counsel was able to disprove the allegation through medical experts to show that the allegation was not physically corroborated. The defense team also presented its own experts on the best practices for interviewing children and cross-examination of the State’s witnesses (including the forensic interviewer and her supervisor). Experts in forensic interviewing testified that the forensic interview was wrought with improper procedure and coercive questioning. During jury deliberations and with defense counsel’s presentation of the evidence in mind, the jury requested to view the forensic interview. Just hours later, the jury found the defendant NOT GUILTY.
State v. John Doe (2009)
Defense Counsel:
Charges: Aggravated Child Molestation and Child Molestation
Prosecution's Case:
The Defendant was 40 years old. He awoke sucking on his daughter's breast and stomach. The State alleged that he had molested his daughter while under the influence of alcohol.
Defense and Outcome:
The defense presented evidence of 3 1/2 days. The evidence included lay witness testimony to the Defendant's life time sleep behavior habits, expert toxicology testimony that the Defendant was not intoxicated, and testimony from two psychiatrists describing parasomnia (recently recognized sleep disorder) and their opinion that the Defendant suffered from the disorder. 1 week and 1 day Jury Trial, Not Guilty All Counts.
State v. John Doe (2006)
Defense Counsel:
Charges: Aggravated Child Molestation, Aggravated Sexual Battery, and Child Molestation
Prosecution's Case:
The Defendant was 54 years old. He and his wife had become Foster parents; and, from 1994 through 1999 had taken the alleged victims (brother and sister) into their foster home. The state alleged that he had repeatedly molested the children throughout the five year period.
Defense and Outcome:
2 Week Jury Trial, Not Guilty All Counts
State v. John Doe (2005)
Defense Counsel:
Charges: Child Molestation (9 Counts)
Prosecution's Case:
The Defendant was a 34 year old, single male who had served as a Foster Parent in Gwinnett County for approximately two years. 9 alleged victims testified that the Defendant had molested them over a period of 1 1/2 years.
Defense and Outcome:
2 1/2 Week Jury Trial, Not Guilty All Counts
State v. John Doe (2001)
Defense Counsel:
Charges: Felony Murder, Cruelty to Children, Aggravated Child Molestation and Aggravated Sexual Battery, Shaken Baby Synrome
Prosecution's Case:
The Defendant was a 14 year old boy who was accused of inserting his finger into the vagina of a 23 month old baby he was babysitting and then shaking her to death.
Defense and Outcome:
Two week jury trial, Not Guilty All Counts
State v. John Doe (1994)
Defense Counsel:
Charges: Child Molestation
Prosecution's Case:
The Defendant was an international pilot for Delta Airlines. He was indicted for inserting his finger into the vagina of a 6 year old female who was the daughter of the Defendant's neighbors.
Defense and Outcome:
One week Jury Trial, Not Guilty All Counts.
State v. John Doe (1992)
Defense Counsel:
Charges: Aggravated Sodomy, Child Molestation, Cruelty to Children
Prosecution's Case:
The Defendant was a Haralson County school teacher accused by his niece of molesting and sodomizing her over a three year period at his home in Haralson County.
Defense and Outcome:
One week Jury Trial, Not Guilty All Counts.
State v. Dr. John Doe (1990)
Defense Counsel:
Charges: Child Molestation
Prosecution's Case:
The Defendant,and Optometrist, was accused by his wife of molesting their two year old daughter during overnight visitation periods while their divorce case was pending.
Defense and Outcome:
1 Week Jury Trial, Not Guilty All Counts.
State v. John Doe (1989)
Defense Counsel:
Charges: Aggravated Child Molestation and Child Molestation
Prosecution's Case:
The Defendant was accused by his fifteen year old sister-in-law of folding her vaginal area and attempting to have sexual intercourse.
Defense and Outcome:
1 Week Jury Trial. Jury dead locked 9 to 3 for acquittal. District Attorney dismissed all charges and did not retry case.
