Arizona court ruling: Victims can’t refuse pretrial talk with prosecution

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PHOENIX - An appellate court decision says Arizona’s state constitutional protections for crime victims don’t prevent prosecutors from conducting pretrial interviews of victims who object.

The Court of Appeals’ ruling on Oct. 5 said the Constitution’s Victim’s Bill of Rights allows victims to refuse pretrial interviews with defendants or defense lawyers, but the court said that right of refusal does not extend to interviews or depositions with the prosecution.

The court issued its ruling in a Yavapai County case involving a woman who is awaiting trial on a charge of luring a minor for sexual exploitation after allegedly sending a "suggestive photo" to a boy who was 14 years old at the time.

The boy initially told prosecutors that he and the woman exchanged sexually explicit texts and photos, but he later declined to meet with prosecutors to prepare for his trial testimony. According to the ruling, the boy also said through his attorney that he would characterize certain evidence in a way more favorable to the woman than previously reported.