This is fucking disgraceful!! I can't believe the Court of Appeals didn't toss the case. Poor guy probably was bleeding money and had to take the plea. Do you know why they didn't appeal to the AZ Supreme Court?
This widely reported in the media case does not tell the whole story of Michael G case Phoenix PD "Ruse and outrageous government conduct"
Shows the extreme of close to entrapment Phoenix PD is doing to get arrests for being customers of under aged. THEY ARE TRICKING men who have no intent to see underaged into seeing them and arrested for felony child prostitution!
Mr. G who lives in Colorado was CEO of the natural grocery chain Sunflower which was recently acquired by Sprouts which had 3 stores in metro Phoenix out of total of 35. He comes to Phoenix on business. He resigned his position after his Phoenix arrest seeking half hour with a 31 year-old female undercover cop and charged with child prostitution which has a MINIMUM sentence of 7 years in prison and the presumptive sentence is 10.5 years with no possible early release.
He responded to a BP ad showing a picture of a mature looking female saying, "Sexy brunette available… now 18. Hey boys, I am a very petite l'il lady only 4 foot 9…skilled with all my lips… $100 Rose special” Ad was in the adult section saying aged 18 where BP claims they do not allow any advertisers under 18. He set up appointment with a 31 year old undercover cop, who sounded mature on the phone. He met her at her hotel near I-17 and Dunlap, and she obviously looked mature (she was 31!). She advertised with a 303 area code which is Denver area so he was attracted to the fact she was also from Colorado.
After the 31 year old female cop covered the details of a 30 minute "full service" session for $100 - "she unilaterally - and dishonestly - changed the circumstance of the encounter: Although Mr. (G) responded to an adult ad, posted on an adult-only website, Officer (H) began the ruse that would allow the State to charge Mr. G with a class 2 child sex felony.
Officer (H) asked, “Hey could you do me a favor?'" (From attorneys motion to dismiss). The favor was to stop by a nearby liquor store and get her some smokes since when she was there before, the manager thought she was underage and had a fake ID. Officer (H) says "and whatever what's the big deal I'm fucking 17 it's not that big of a deal...I'm going to be 18 in like 2 months dude it’s not a big deal."
The attorneys point out Mr G is from Colorado where the age limit is 17, rather than 18 in Arizona. Mr G meets the 31 year old officer at hotel and is busted for felony child prostitution.
As attorney's argue, "In other words, the Phoenix Police Department set out to target adults who were looking to have sex with other adults, but used a ruse to artificially create conditions that would allow for a charge of child prostitution, and it did so with no forethought or planning concerning the rights of those, like Mr. (G), caught in this outrageous and unconstitutional sting."
The attorneys in lengthy argument claim this is outrageous government conduct that violates due process, citing various cases. They also point out how "outrageous government conduct" is different from the entrapment defense which they are not claiming.
"...it puts law enforcement authorities in the position of creating a new crime for the sake of bringing charges against a person they had persuaded to participate in wrongdoing...The State has admitted that that was the very objective of this sting operation," per Attorney's motion to dismiss. Motion to dismiss denied by Court.
Attorneys filed a special action based on wrongful information given to the Grand Jury that the backpage ad listed age of 17 (when clearly shows age 18 - attached as exhibits are 3 ads with pictures of mature looking adult all saying age 18 which were used in the sting on backpage, and two other ad websites).
Motion for special action was denied. Appealed to Arizona Court of Appeals which upheld the lower court’s denial based on wrong information given in the Grand Jury indictment.
Back in Arizona Superior Court the 3 attorneys file Motion for Reconsideration based on the State's "manufacturing of criminal conduct." Argued he should be given an evidentiary hearing and cited both Federal and State cases that would authorize dismissal based on outrageous government conduct that violates due process. Long cites and legal argument.
Denied.
Final Result:
A plea deal for a felony pandering reduced charge with 5 months in jail and then on supervised probation for an unspecified period.
Mr. G had three probably very expensive Phoenix lawyers, but the police tactic worked to be able to boost about getting men convicted who are child predictors when Mr. G had no such intent other than the ruse of the Phoenix PD.
This is fucking disgraceful!! I can't believe the Court of Appeals didn't toss the case. Poor guy probably was bleeding money and had to take the plea. Do you know why they didn't appeal to the AZ Supreme Court?
When you are faced with potentially 10 years in prison and have lost already with good lawyers (3) fighting for you and maybe already $100,000 in legal fees, you may take 5 months in prison and a non child related offense.
The AZ Court of Appeals issue was only the wrong wording in the Grand Jury indictment - the fact they were incorrectly told the website said age 17 vs age 18 which it did was not enough to toss the indictment.
The entire case would have to be appealed first to the AZ Court of Appeals which would be very costly in more legal fees. And another fight to get out on bail pending the appeal. Then AZ Supreme Court maybe another $100k in legal fees.
Since he lost his CEO job he may not have limitedless cash to fight.
The law is the problem and I think the public would be outraged at the tactics used if more widely known vs the limited info in the media coverage.
I've read the briefs. I think the lawyers did a very good job but the law is the big problem. I assume in his discussions with his attorney team it was decided to end the mess and take the 5 month felony plea.
The same mess is ongoing in the Busy Bodies, etc massage cases of about 50 and the Phoenix Temple Case of 39. Faced with long prison terms for felonies most are taking plea deals - still felonies but with 18 months probation.
All of these activities (with consenting adults) is perfectly legal in almost all the world except the U.S. And Ariz legistlature is very conservative. One of few states with mandatory jail time for 1st offense prostitution. And a very aggressive PD to please all the conservatives and religious groups that know what is best for us.
Conservatives want government out of business except when its social issues where they know what is best and insist on imposing their views by laws on everyone.
Also I do not believe he will have to register as a sex offender but I haven't read the final plea or pre- sentance report.
It is ridiculous that an investigator can LIE during an investigation, I was told this by a police officer. Therefore if an investigator can LIE, does that also mean that the patrol cop can also? My guess is they can. We the people have allowed the legislators to pass such laws...usually they were made into law to catch murders and drug kingpins. The police have just keep using this tactic to the point they use it on a misdemeanor charge. Lying should not be acceptable from law enforcement unless it is a life or death case or a high level felony. IMO this will not change until some legislator gets pinched and he campaigns for a change. It has gotten to the point that you can get arrested for a DUI without passing the legal limit of 0.08 This state is going to chase away more good citizens than it puts away criminals.
I don't think the "law" is the problem, it is the courts that are the problem. They should have granted motions to dismiss the charges, especially due to the fact that the prosecutors lied to the grand jury by stating that the ad said the girl was 17. Aside from that, there was no girl who was 17 anyway. When prosecutors want to fuck with you, you don't ever get a fair trial, the courts are behind the prosecutors all the way.