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The court held, in part, that prosecutors could be expected to exercise reasonable discretion in not “improperly prosecut[ing] persons who …

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One week after John Brigham, 45, was arrested in what witnesses described as a horrifying public display that injured seven, the former Chandler High School English teacher is remembered for the many years’ dedicated to his students.

Today his professional Linked In profile lists him as a senior vice president at a Scottsdale real estate firm while having graduated from Vermont military school Norwich University with a degree in English and Education.

My difference with the majority turns on a fundamental question: may the state, consistent with due process, sweepingly criminalize a broad range of conduct embracing both innocent and culpable behavior and assign to defendants the burden of proving their innocence?

Because I believe the answer is no, I would follow ‘s example and interpret [the laws] as impliedly requiring the state to prove a defendant acted with a sexual motive.

At issue during the trial was the fact that under Arizona law, the definition of “sexual contact” applicable to the charges brought against Holle was “any direct or indirect touching, fondling or manipulating of any part of the genitals, anus or female breast by any part of the body or by any object or causing a person to engage in such contact.” That definition does not require any sexual intent, but Arizona law also specifies that for the charges brought against Holle, “it is a defense to a prosecution that the defendant was not motivated by a sexual interest.” Before trial, Holle asked the court to instruct the jury that in order for them to find him guilty, the State must prove beyond a reasonable doubt that there was a sexual motivation behind his actions and not require him to prove a lack of sexual motivation.

The trial court disagreed with Holle, and the jury found him guilty of child molestation and sexual abuse of a minor.

At trial, Holle argued that the allegations against him were “blown out of proportion” and that he had always engaged in sexually normal behavior.

Holle’s two daughters testified that he never sexually assaulted them or any other children, and other relatives likewise testified about Holle’s sexual normalcy.

Prosecutors have wide discretion in enforcing criminal statutes, charging suspects, and prosecuting offenders.

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