Do You Think There Was a "Reasonable Belief" of Convicting Mark Mitchell?
Aside from the "absence of a reasonable belief of probable conviction," Polk also notes Mitchell's age at the time and the probability that he would've been tried as a juvenile.
The sexual-abuse allegations against Mitchell -- initially reported to Phoenix police -- was forwarded to the Yavapai County Attorney's Office since Montgomery had publicly supported Michael Monti, Mitchell's opponent in the mayoral race.
Mitchell's accuser claimed the incidents occurred in 1983 -- when she was 10, and Mitchell was 13 or 14 -- and she just brought it up to the cops a couple months ago.
The only evidence, Polk notes, would be statements from the individuals involved, and neither the woman's mother nor brother could corroborate her stories, even though she recalled her accounts pretty specifically.
Polk also says that the "motive" of the woman coming forward would be challenged.
"While there may be situations wherein an adult should -- and can -- be prosecuted for criminal conduct committed thirty years ago while under the age of eighteen, this is not such a case," Polk says.
This morning's question: Do you think there was a "reasonable belief" of convicting Mitchell?
Cast your vote below (and check out the letter from Polk for all the details):