Maricopa Superior Court Update - The high risk of women just trying to survive and support children. Tax dollars at work fighting major crimes like topless massages and hand jobs

The latest big bust has just begun the long Court process for Criminal Enterprise felonies but the older "Big 3" are starting to do pleas - all for felonies. Basically the 1st years after arrests is just the normal motions and filings. Most can post bond to get out of jail but have a pending felony which makes any normal employment very difficult.

In the "Big 3" massage busts. Of the 8 arrested from the 3 parlors, 4 need court interpreters for Mandarin and Spanish. As of 2/15/2014 four have pled - all to felonies.

The owner pled to the most serious charges of illegal control of a criminal enterprise a Class 3 felony with sentencing on 2/19/2014 but the details of the plea are not yet in the public record.

Other "worker" pleas:

"MC"
"MC" from Mexico trying to support her 3 sons. She was arrested on June 12, 2012 for agreeing to do a topless massage for $100.  At the police station she had chest pains and taken to a hospital by fire dept paramedics.

It turns out in her pre sentence detailed assessment she sadly has End Stage Renal Disease and must have 3 times a week Dialysis treatments of 3.5 hours each.  The medical report goes into extensive detail on various complications and her serious risks for severe complication including death.

As usual there is a very detailed "OST" scoring system done on relative risk/needs analysis which results in a graph of data as part of a pre sentence report.

The analysis includes complete history of alcohol and drug use including when first drank or used, education - MC has a 3rd grade education in Mexico, no commend of English but obtained a massage therapist certification when she came to the U.S.

Attitude score I see in most prostitution related reports, "The defendant expressed attitudes that are non-conforming with society norms."  This of course increases the risk score since she is not a society conforming robot for her positive sexual views.

Family background, left home before age 16, no current romantic relationship. Since the arrest she has no source of income, no assets, relies on a son for financial support.

Included is the usual glowing reports from friends and relatives. One family has known MC for over 20 years, has been outstanding member of community, responsible, hardworking and great mother to 3 children since her ex-husband abandoned them here in AZ.  She has struggled to raise and educate her children despite the hurdles and her medical condition.

Age 48, pled to a class 6 felony - her first criminal offense - for participating in a business that was a front for a prostitution enterprise.

The recommendation for sentencing is 18 months supervised probation mostly due to her medical condition.  HOWEVER checking with immigration finds she is NOT in the U.S. legally and is subject to deportation proceedings. She admits to her illegal status.

She must pay all fines and fees including the usual $65/month plus $20 surcharge for probation services.

And as always, "I will not consume or possess any substance containing alcohol"

Remember all this for agreeing to a $100 topless massage.  However, others also charged with prostitution so her mere affiliation with the "criminal enterprise" gets her the felony status.  Yet her "crime" is only a massage license violation for topless - not even a basis for a prostitution charge.

This is the same with the Phoenix Temple and other cases.  No evidence of any prostitution against most defendants, but guilty of a felony by mere association with an alleged criminal enterprise.
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Defendant "LW"  Pled to Class 6 felony
On June 12, 2012 detective offered to pay for an act of prostitution (hand job) but defendant became scared and did not want to discuss any prostitution.  On July 24, 2012 surveillance was done at the massage place. After a customer left, a traffic stop was made and the customer admitted paying $40 for a "hand job" from the Defendant whom the customer identified from a photograph.

Instead of the non-conforming attitude she has lower risk score since "The conviction does make her think about making lifestyle changes and she feels a need for help in making these changes."

She has a Bachelors Degree in Economics in Guiling, China. She has experience as a Certified Public Accountant, currently employed by Chinese newspaper with raving report from Chief Editor and obtained her massage training and license.  

No prior felonies but convicted of prostitution in 2012 was fined, jailed and placed on 3 years summary probation.

Divorced 13 years but dating codefendant (parlor owner) for 3 years.

Recommendation is for a Work Furlough program as she is a "low risk offender" by the scoring system.   She is a legal U.S. Citizen.  Prior prostitution conviction in 2012 was for offense that occurred in 2009 and was not a serious factor with her good citizenship and minor role in the current criminal enterprise.  

Recommendation is for undesignated felony status (after probation can apply to have it reduced to a misdemeanor) and be granted 1-year supervised probation.

Detailed financial information that shows lots of assets and good income therefore, "she should be able to pay more than the standard $65 probation fee.  Suggests $100/month.

In addition she agrees to the usual long, detailed testimonial agreement to testify against others which is usually the case when the undesignated felony status is given.

Sentencing was 1/15/2014 the same as the plea agreement except that probation fee on just the standard $65/month and  "Let the Record Reflect notification to Board of Massage Therapy has been sent".  So massage license revocation process will be started.  

She also got added to the not possess or consume alcohol "except for normal food and/or cooking."

This case is odd at least compared to the Temple case since defendants that pled with undesignated felonies with a testimony agreement have had sentencing deferred in some case for 2 years now, since will not be sentenced until all cases are pled or trials completed.
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Defendant "RS"  Pled to two Class 5 felonies
All the prostitution criminal enterprise charges were dropped for a plea on 2 counts of attempted forgery for allowing a friend whose girlfriend who was a massage therapist obtain the massage license in his name since "friend" already had two licenses and could not apply for a third.

He had no other dealings with the establishment and was not aware of the nature of the activities.  He just was named on the license for his "friend" who ran the place.

Plea deal is for 18 months of unsupervised probation.
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Next status conference for un pled is March 6th
Judge Reinstei