In a recent matter before a court of appeals in Arizona, the State asked the court to reconsider a lower court’s dismissal of a case involving possible sexual exploitation. The trial court had originally dismissed the case for several reasons, one of which was that the significant delays caused the defendant emotional and financial harm. On appeal, the higher court ultimately agreed with the State that the case was incorrectly dismissed. The court therefore vacated the trial court’s order.
Facts of the Case
According to the opinion, the defendant in this case was charged with sexual exploitation of a minor, based on alleged incidents with her adopted son. The defendant pled not guilty, and her case was set for trial in the summer of 2020. Because of the pandemic, however, the court rescheduled trial for several months later.
Over the next two years, the case was delayed again and again. At one point, one of the attorneys in the case had an emergency surgery; at another point, witnesses’ travel made them unavailable to testify. For a variety of reasons, each time the trial approached, either the defendant or the State requested a continuance. This process went on until September 2022, at which point the defendant argued that the delay was so substantial it had drained her financial resources, depleted witnesses’ memories, and caused her significant emotional turmoil.