AZ - Man Caught Having Sex W/4 year old Daughter in Public

Found that the charges were dismissed against Albert Guzman. thought i would bring it here

1 MOLESTATION OF CHILD 08/26/2010 COMPL DISMISSED BY CTY ATTY
2 PUBLIC SEXUAL INDECENCY 08/26/2010 COMPL DISMISSED BY CTY

Type in his name http://apps.supremecourt.az.gov/publicaccess/caselookup.aspx

When I looked at the minutes, it said that the charges were dismissed because of a Notice of Supervening Indictment by the Grand Jury.

Okay, so....maybe someone who knows these ropes could explain? Does that mean that the Grand Jury indicted him and they dismissed these charges in order to file other ones? :waitasec:
 
GRAND JURY: In the larger counties in Arizona, preliminary hearings are not generally conducted. The reason for this is they take too much time and tie up valuable judicial resources. Instead, these counties use a GRAND JURY. A grand jury is a group of nine (9) or more persons chosen from the particular county which listen to evidence and decide whether (1) a crime was committed; and (2) that it is more likely than not that you committed it. Grand jury proceedings are secret. They are conducted by the prosecutor. There must be at least 9 votes finding probable cause before an indictment or "true bill" is issued. An indictment contains the formal charges against you. Once a indictment is handed down a NOTICE OF SUPERVENING INDICTMENT is issued along with a date for your ARRAIGNMENT. A notice of supervening indictment is a piece of paper which says you have been indicted by the grand jury and orders you to report to court for your arraignment. If you are still in jail this notice will be served on you and you will be brought to court by the jail officials on the date indicated. If you are out of custody, this notice will be sent to you by mail. YOU MUST APPEAR ON THE DATE AND TIME INDICATED OR THE COURT WILL ISSUE A WARRANT FOR YOUR ARREST.

BBM - it looks like he's not out of trouble yet...

http://www.arizonadefender.com/azcrimlaw.htm
 
A grand jury indictment means that they believe there is enough to convict him I believe...Hmmm
 
Of course this was not his first assault on a child. He's probably been doing it since he was at least in his early twenties, if not before. Think of the number of victims he's left behind. He got to volunteer at the school because he'd never been caught before. A background check is not a reliable filter.
 
It appears he might have a traffic infraction in June 2011?

It is hard to know because the charges for the 4 year old are not listed.
There are three entries for Albert Guzman or Albert R Guzman with a 12/1946 birthday in Scottsdale.
The first is traffic infractions from 2008, the 2nd I believe is this case and the third is the traffic infractions from 2011.

These are the ones that were previously mentioned, believe to be related to this case.

8/26/2010

"Case Dismissed"

Pursuant to State's Motion to Dismiss:

It is order dismissing without prejudice the above-entitled cause, quashing the warrant/summons and exonerating any bond set, all in accordance with the formal written order signed by the court August 26, 2010.

It is further order vacating the preliminary hearing set August 27, 2010.

Filed: Order
Issued: Order of release

http://www.courtminutes.maricopa.gov/docs/Criminal/082010/m4368211.pdf


8/27/2010

The Court is advised that a Notice of Supervening Indictment has been issued in this case by the Grand Jury. Therefore, the Preliminary Hearing set for this date for the above-entitled cause number is vacated from the Regional Court Center Calendar.

http://www.courtminutes.maricopa.gov/docs/Criminal/082010/m4368340.pdf


If those links don't work, here is the search...

http://apps.supremecourt.az.gov/publicaccess/caselookup.aspx?AspxAutoDetectCookieSupport=1
 

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