Two days with undercover vice detective
I just experienced two days of testimony by our nice "enemy" who is the female vice detective that is involved in many (or most) of the prostitution arrests. She also does street stings arresting johns.
I just completed a very detailed report that goes to about 200 folks including many attorneys that follow my reports (just did 179th) over 4+ years old since the SWAT assault on the Phoenix Temple. For privacy, I will refer to her as "DC". The hearing was public so should be no legal issues reporting this. I have eight pages of scribble notes just from the 1st day and on key issues it's almost a transcript.
This was at an evidentiary hearing on 10/14 and 10/15/2015 regarding a motion. The trial is expected to start in November and continue till about February 2016. The jury pool will initially be 150 to find 12 jurors and five alternates. Lots of taxpayer money in over four years of Court hearings, about 100,000 pages of discovery, almost all defendants have court appointed lawyers since can not afford private attorneys, and jurors can receive up to $300/day for lost wages during trial. Whichever side wins, will probably be appealed. Defendants will absolutely appeal both to the Arizona Court of Appeals and to 9th Circuit with court-appointed appeal attorneys.
DC is very pleasant, attractive and would easily seduce you with nice smile
I even joked with her in the lobby area that she seemed so nice, just too bad usually on the wrong side.
She is very precise and good on the witness stand even if questions are often rambling from two defendants that represent themselves. Judge Stephens was very tolerant of rambling and confusing cross-examination by non-lawyer defendants unless the State objected. Then often the judge would let the question be clarified by the defendant. However at trial with a jury she may not be so tolerant if questions are irrelevant or not proper.
The investigation procedures used are typical for massage places, agencies, etc. DC and another well-known vice female detective H. pretended to be applying for a job, tell a good story of prior experience as an escort or massage. They do surveillance of the parking lot to identify cars that come many times to link to workers etc. In the Temple case DC estimates she spent 10-15 hours in her unmarked car watching from the next door parking lot. Also, they had cameras on an adjacent building.
The key issue as I have been preaching for years is an agreement for sexual contact for a fee arrangement. You can call it Roses, Donation or whatever silly-ness you want if its represents money your dead. It is not a way to be "legal" but simply trying to circumvent the law.
Regarding escorts ads on BP:
DC: It would be up to the worker if will do sex acts. For example, a "John" may ask if anal sex is part of the deal. If he seeks that and is told, he will not get he usually would not continue with the appointment. In this case, there would be no fee arrangement so would not be a reason to arrest.
DC was asked if guy and gal agree to $200 just for companionship and then decide they liked each other and wanted to continue to have sex as friends would this be a crime? (This is what I have been preaching for decades.)
DC: It would depend on the exact circumstance as what was expected for the $200 however if there was no money for any sexual acts it would not be a crime. (This is close but perhaps not exact transcript based on my notes).
(Dave notes however this may not work if you have terms like GFE or worse on ads that implies this is part of the fee. Phoenix had arrested on solicitation escorts strictly from the wording on their ads, in addition to not having their escort license number on the ad).
Lots of discussion of BP and escorts. She has never met an escort that wasn't a prostitute but yes it is possible. She has never seen anyone who has the required escort license and doesn't know if any have ever been issued for a non-sexual legal escort.
DC did not try and biased her testimony for the State. In fact, she testified on many issues favorable to the defense. For example, that the gatekeepers were instructed to turn away any customer who called and asked for specific sexual acts.
One defendant was never given Miranda rights. DC explained it was not needed if she wasn't interviewed. (For this defendant and many of the other 39 indicted they were charged with criminal enterprise merely by association with no direct evidence of anything illegal they did).
DC background: From a police family in San Francisco area. Joined Phoenix PD in 2003 moving up from beat cop until joining the Vice Enforcement Unit in 2008. Highest priority is child sex trafficking. (Dave notes but probably 90% of cases are in private consenting adults).
One of the most interesting witnesses about a year ago was Dennis Hof, the Nevada, brothel owner. He was great how the Temple was taking donations after a session and not blacklisting anyone who didn't pay "was a hell of a way to run a brothel/prostitution business" It made no sense. The State has moved to exclude him as a trial witness since he has no direct knowledge never having been in the Temple. I had some good discussion with him in the hall. Although he keeps wanting to save Phoenix since he often says that Phoenix is the child sex trafficking center in the U.S. Dennis, of course, has a pure profit motive as he offered to open brothels in Phoenix for the Superbowl to protect from all the child traffickers that would come. Rejected of course. He offered to help anyone that wanted to get an NV prostitution license.
Two days with undercover vice detective
