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Prosecutors want to present new evidence against accused serial rapist from Arizona

PHOENIX – Maricopa County prosecutors are asking a judge to allow new evidence against accused serial rapist James Estep involving alleged attacks on two other victims who have not been charged.

Estep was charged with 30 crimes last August, including 20 Cases of sexual assault. The Maricopa County Attorney's Office said that between 2018 and August 2023, at least six alleged victims were assaulted in Phoenix, Mesa and Tempe.

The 10-page motion was filed in court and is known as Rule 404(C), which allows prosecutors to ask a judge to include additional evidence to demonstrate a pattern of abnormal or deviant sexual behavior in cases of sexual crimes.

“And not every state does that. But Arizona has an advanced legal system and the reason is that these cases are extremely difficult to prosecute,” said defense attorney and former Maricopa County prosecutor Josh Kolsrud.

According to the motion, the two other attacks occurred in 2017 and 2020 and involved alleged victims who were renting a room from Estep. No charges have been filed in those cases, but they could be used as evidence in the ongoing criminal case against Estep if a judge allows it.

“If they are allowed to do this, it will have devastating consequences for the defense,” Kolsrud said.

ABC15 obtained Phoenix police reports on these cases, which raise further questions about why Estep was not stopped sooner.

Estep's defense also recently filed its own motion to dismiss or sever the charges, which could force prosecutors to try the two victims' cases separately.

“It is a very important application that the judge must examine, as it will determine the further course of the entire proceedings,” said Kolsrud.

ABC15 has As previously reported, Estep was arrested twice by Mesa police last year, but Maricopa County prosecutors declined to file sexual assault charges, allowing him to be released from custody.


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A month after his second release, Tempe police arrested Estep in August 2023 after an hours-long standoff at his Mesa home. Police say he brutally raped a 15-year-old girl after offering her a ride at a light rail stop.

Maricopa County District Attorney Rachel Mitchell defended her office's decision, saying prosecutors did not have enough evidence to file charges following Estep's two previous arrests.

It has been a year since Estep was convicted and he is still being held in jail without bail.

Both sides are expected to present their arguments on the new motions during an evidentiary hearing scheduled for September. The judge will decide whether to admit the new evidence or whether to dismiss any of the charges.

ABC15 will be in the courtroom and will continue to report on this case.