Ruling: Victims can’t refuse pretrial talk with prosecution

Stems from ongoing case involving adult luring minor for sexual exploitation

PHOENIX, Ariz. (KYMA, KECY) - The court of appeals recently decided that Arizona’s state constitutional protections for crime victims allows prosecutors to conduct pretrial interviews even if the defendant objects.

An appellate court ruling Tuesday did acknowledge that the Victim’s Bill of Rights allows victims to refuse pretrial interviews with defendants or defense lawyers.

However the court also clarified that the right does not extend to depositions with prosecutors.

This precedent stems from a case involving a woman who is awaiting trial on a charge of luring a teen for sexual exploitation after allegedly sending the 14-year-old a “suggestive photo."

Petitioner E.L.,1 named in an indictment as the victim of a luring offense allegedly committed by his adoptive mother, seeks special action relief from orders allowing the Yavapai County Attorney’s Office (the “State”) to depose him and compel his testimony with the grant of use immunity. See Ariz. Rev. Stat. (“A.R.S.”) § 13-4064. Accepting special action jurisdiction, this court denies the relief requested in part and grants relief in part.

Real Party in Interest Christina Leota (“Leota”) is awaiting trial on a charge of luring a minor for sexual exploitation, a class 3 felony. The State charged Leota based on evidence she had sent sexually explicit text messages, including at least one suggestive photo, to E.L., who was then 14 years old. At the outset of the investigation, E.L. told authorities he and Leota had exchanged sexually explicit texts and photos.

E.L. Minor Crime Victim, Petitioner v. THE HONORABLE KRISTA CARMAN, Judge of the SUPERIOR COURT OF THE STATE OF ARIZONA, in and for the County of YAVAPAI, Respondent Judge