American expat Eric Erdmann arrested in Phnom Penh
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There were a few interesting tidbits in the court file.
I will reiterate that the government worked hard prosecuting this, many of the briefs are 15-25 pages long. The case went all the way to trial, which is rare, and which suggests that the government didn't offer a reasonable plea deal. I suspect they are going to ask the judge to sentence him to several years in prison.
The most disappointing thing about the court file is that there is no mention of Khmer440 at all. I mean, if Erdmann's defense was "I'm a responsible guy and I intended to register as a sex offender but couldn't because of my injuries," why wouldn't the government offer evidence that this dickhead told the Cambodian press he wasn't a sex offender, that he claimed on Khmer440 he had never even been to Oregon, that he claimed the embassy told him he was a victim of mistaken identity, etc.
The closest thing I saw in the file was a reference to his email address being [email protected] or something like that. My article and the photos of him humping a griffin and holding up an "F.U. Cambodia Daily" sign were definitely NOT on the prosecution's exhibit list. I looked.
It turns out that two weeks before Erdmann was arrested, he was summoned to the US Embassy to be informed that his passport was being revoked. At that meeting, federal officers interviewed him, and he told them the U.S. is "garbage" and that he wanted to renounce his citizenship.
His defense lawyer filed a motion to exclude that testimony as overly prejudicial. His defense lawyer also moved to exclude evidence that he was teaching at Home of English and that there are children at Home of English.
Lastly, there were various machinations by him to try to get his wife to testify on his behalf about his moto wreck injuries. She applied for a visa to go to Florida to testify, that was denied. Her testimony was ultimately taken by video and it seems she mostly said "I don't know anything about any of this."
I will reiterate that the government worked hard prosecuting this, many of the briefs are 15-25 pages long. The case went all the way to trial, which is rare, and which suggests that the government didn't offer a reasonable plea deal. I suspect they are going to ask the judge to sentence him to several years in prison.
The most disappointing thing about the court file is that there is no mention of Khmer440 at all. I mean, if Erdmann's defense was "I'm a responsible guy and I intended to register as a sex offender but couldn't because of my injuries," why wouldn't the government offer evidence that this dickhead told the Cambodian press he wasn't a sex offender, that he claimed on Khmer440 he had never even been to Oregon, that he claimed the embassy told him he was a victim of mistaken identity, etc.
The closest thing I saw in the file was a reference to his email address being [email protected] or something like that. My article and the photos of him humping a griffin and holding up an "F.U. Cambodia Daily" sign were definitely NOT on the prosecution's exhibit list. I looked.
It turns out that two weeks before Erdmann was arrested, he was summoned to the US Embassy to be informed that his passport was being revoked. At that meeting, federal officers interviewed him, and he told them the U.S. is "garbage" and that he wanted to renounce his citizenship.
His defense lawyer filed a motion to exclude that testimony as overly prejudicial. His defense lawyer also moved to exclude evidence that he was teaching at Home of English and that there are children at Home of English.
Lastly, there were various machinations by him to try to get his wife to testify on his behalf about his moto wreck injuries. She applied for a visa to go to Florida to testify, that was denied. Her testimony was ultimately taken by video and it seems she mostly said "I don't know anything about any of this."
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Erdmann's sentencing for his conviction for failure to register as a sex offender is scheduled for Monday, July 17.
This week he and the prosecution submit written briefs to the judge, and then the judge will announce a decision on Monday. Because the case is in federal court, the judge is more or less constrained to sentence him within a certain range, subject to upward or downward variations based on the facts of the case.
Erdmann's lawyer submitted his written brief yesterday and asked the judge to sentence him to six months in prison plus five years' probation. With credit for time served since the conviction in March, he would be getting out of lockup very soon.
Erdmann's lawyer made two arguments in favor of a short prison sentence. First, he argues that Erdmann's leg was messed up, he was getting medical treatment in Florida, and he wanted to register as a sex offender but was too sick to do so. That's pretty much the same argument they made at trial, which they lost. If I were to prosecution, I would argue that this argument is nonsense, that Erdmann has a long history of ducking his legal obligations, including fleeing his Florida probation, moving to Cambodia, getting a job at a school, etc. When he got caught he showed no remorse, instead he told the press he wasn't a sex offender at all and was a victim of mistaken identity.
The second argument made by Erdmann's lawyer is more interesting, and, in my opinion, riskier. His lawyer argues that Erdmann should get a short prison sentence because he desperately wants to return to Cambodia as soon as possible (to be with his wife):
I've never seen a child sex offender (caught with images of little Asian kids) argue that he should get a light sentence so that he can return to Cambodia as soon as possible.
Cambodia is also a country with lax law enforcement, with impoverished, vulnerable children, with a history of being a haven for Western pedophiles. It's where Erdmann the child sex offender got a job teaching at Home of English, a school attended by young children, because no one does background checks and any white native English speaker can get a teaching job within a week.
I would argue that he should be kept away from Cambodia as long as possible because if he resides in Cambodia he doesn't have to register as a sex offender anywhere, and he has much easier access to children. He posted here on April 23, "Im going to have to legally change my name now just to be able to live in peace in phnom penh."
His plan to change his name, return to Cambodia, conceal his child sex offender history, and probably start teaching in schools with children again is scary, not something the judge should fast track.
Erdmann's wife wrote a nice letter to judge pleading for a short sentence. She called Erdmann "honest" among other things. Which is surprising because when news broke in Cambodia of Erdmann's arrest on sex charges, he said he told his wife's family it was bullshit and they discussed suing the journalists.
I feel bad for his wife. Life as a 30-ish year old divorced Cambodian woman earning $200 a month is arguably worse than staying married to a guy like Erdmann.
I'm guessing the judge will sentence him to about 24 months, plus the five years' probation.
This week he and the prosecution submit written briefs to the judge, and then the judge will announce a decision on Monday. Because the case is in federal court, the judge is more or less constrained to sentence him within a certain range, subject to upward or downward variations based on the facts of the case.
Erdmann's lawyer submitted his written brief yesterday and asked the judge to sentence him to six months in prison plus five years' probation. With credit for time served since the conviction in March, he would be getting out of lockup very soon.
Erdmann's lawyer made two arguments in favor of a short prison sentence. First, he argues that Erdmann's leg was messed up, he was getting medical treatment in Florida, and he wanted to register as a sex offender but was too sick to do so. That's pretty much the same argument they made at trial, which they lost. If I were to prosecution, I would argue that this argument is nonsense, that Erdmann has a long history of ducking his legal obligations, including fleeing his Florida probation, moving to Cambodia, getting a job at a school, etc. When he got caught he showed no remorse, instead he told the press he wasn't a sex offender at all and was a victim of mistaken identity.
The second argument made by Erdmann's lawyer is more interesting, and, in my opinion, riskier. His lawyer argues that Erdmann should get a short prison sentence because he desperately wants to return to Cambodia as soon as possible (to be with his wife):
I've never seen a child sex offender (caught with images of little Asian kids) argue that he should get a light sentence so that he can return to Cambodia as soon as possible.
Cambodia is also a country with lax law enforcement, with impoverished, vulnerable children, with a history of being a haven for Western pedophiles. It's where Erdmann the child sex offender got a job teaching at Home of English, a school attended by young children, because no one does background checks and any white native English speaker can get a teaching job within a week.
I would argue that he should be kept away from Cambodia as long as possible because if he resides in Cambodia he doesn't have to register as a sex offender anywhere, and he has much easier access to children. He posted here on April 23, "Im going to have to legally change my name now just to be able to live in peace in phnom penh."
His plan to change his name, return to Cambodia, conceal his child sex offender history, and probably start teaching in schools with children again is scary, not something the judge should fast track.
Erdmann's wife wrote a nice letter to judge pleading for a short sentence. She called Erdmann "honest" among other things. Which is surprising because when news broke in Cambodia of Erdmann's arrest on sex charges, he said he told his wife's family it was bullshit and they discussed suing the journalists.
I feel bad for his wife. Life as a 30-ish year old divorced Cambodian woman earning $200 a month is arguably worse than staying married to a guy like Erdmann.
I'm guessing the judge will sentence him to about 24 months, plus the five years' probation.
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- Miguelito
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Thank you for the update. I always like when I see an old thread such as this brought back to life by you with new information.
The other interesting/risky part to his second claim is that nothing is stopping his wife from going to the U.S. to visit or stay with him there. If they are in fact married then he can easily apply for a visa for her; if they are not legally married in the eyes of the court, than the argument doesn't have any merit whatsoever.
You have written this summary in a compelling way - have you transferred this information to the prosecutor, who might not be aware of all of these facts? Or are you hoping that by posting it here it will be discovered by the authorities there?
The other interesting/risky part to his second claim is that nothing is stopping his wife from going to the U.S. to visit or stay with him there. If they are in fact married then he can easily apply for a visa for her; if they are not legally married in the eyes of the court, than the argument doesn't have any merit whatsoever.
You have written this summary in a compelling way - have you transferred this information to the prosecutor, who might not be aware of all of these facts? Or are you hoping that by posting it here it will be discovered by the authorities there?
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Maybe if you're currently on probation you can't sponsor foreign spouses to come and live with you.Miguelito wrote: The other interesting/risky part to his second claim is that nothing is stopping his wife from going to the U.S. to visit or stay with him there.
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I doubt they're even legally married as the foreign partner must supply a criminal records check from their home country and provide proof of minimum monthly income of $2500, I highly doubt he was smart enough to work out a way around those requirements. I also doubt he could've afforded the legal marriage process and a Cambodian wedding on a TEFLER's wages from home of English.
I could be wrong?
I could be wrong?
I'm not a negative person, I encourage people all the time...it's usually to f**k off! But, whatever.
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Possibly. Did you leave out the factor of his very rich parents? The ones that got him to post a sign saying fuck you on K440 when he flew back to Florida.PSD_Kiwi wrote:I doubt they're even legally married as the foreign partner must supply a criminal records check from their home country and provide proof of minimum monthly income of $2500, I highly doubt he was smart enough to work out a way around those requirements. I also doubt he could've afforded the legal marriage process and a Cambodian wedding on a TEFLER's wages from home of English.
I could be wrong?
Same parents that will probably get him a very reduced sentence, if not probation.
Guess we'll just have to wait and see.
I love bitches n gonna fuck Texas and the USA+ right up their god damn ass! Hallelujah!
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I have no reason to believe his parents are very rich. They own a small home in an average community in Florida. He is being represented by a public defender.
You can't slip a federal judge $10,000 and get your son a reduced sentence, you moron.
You can't slip a federal judge $10,000 and get your son a reduced sentence, you moron.
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That may be true, but it's not.gavinmac wrote:I have no reason to believe his parents are very rich. They own a small home in an average community in Florida. He is being represented by a public defender.
You can't slip a federal judge $10,000 and get your son a reduced sentence, you moron.
Besides, let me tell you how it works in criminal law, gavinmac. When you are arrested you are brought in front of a judge to see if you can afford an attorney. If you say no, they appoint you one. This in no way interferes with their parents retaining a lawyer.
I guess what I'm saying is ... you get what you pay for.
And I'm not a moron. I'm a dumb ass.
I love bitches n gonna fuck Texas and the USA+ right up their god damn ass! Hallelujah!
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Exactly what I was thinking (in my second point), and he certainly didn't go to the embassy to register that paperwork.PSD_Kiwi wrote:I doubt they're even legally married as the foreign partner must supply a criminal records check from their home country and provide proof of minimum monthly income of $2500, I highly doubt he was smart enough to work out a way around those requirements. I also doubt he could've afforded the legal marriage process and a Cambodian wedding on a TEFLER's wages from home of English.
I could be wrong?
I wouldn't necessarily presume that at all. That law got a lot of backlash on "human rights" grounds, and would certainly be challenged in U.S. courts. Also, you would be shocked at how easy it is to leave the U.S. -- they don't keep track of it. You may enter the country on one passport, overstay an indefinite amount of time, leave on a second passport with no entry stamp, and they'll just stamp you out, no problems. They don't really keep track of people leaving. It is also shocking to me the number of registered sex offenders that live in places like U.S. army bases. Seriously, if you want to be shocked, look at one of the maps that shows registered sex offenders (they're available online or on an ap), and zoom in on any U.S. Army base in the U.S., may it be Ft. McNair or Ft. Bliss. Considering that you need a DoD ID to enter some of these, I was surprisedto see that. (Then again, look at the average IQ of a enlisted serviceman, and there's a reason the number 1 commercial you'll see if you watch the Armed Services station is "Don't Shake Your Baby".)Gin&Tonic wrote:Now that Australia has set the precedent of banning passports to convicted sex offenders I would presume the rest of the Western world would follow shortly.
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batshitcrazyweirdo wrote: Besides, let me tell you how it works in criminal law, gavinmac.
Romantic Cambodia is dead and gone. It's with McKinley in the grave.
Lol, those AFN commercials make me shake my head every time..."don't shake your baby", "sexual harassment is bad", "drinking and driving is dangerous", etc....they really are aimed at morons.. (Then again, look at the average IQ of a enlisted serviceman, and there's a reason the number 1 commercial you'll see if you watch the Armed Services station is "Don't Shake Your Baby".)
I'm not a negative person, I encourage people all the time...it's usually to f**k off! But, whatever.
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I did a bit of research on this. As a general rule, his probation status would not preclude him from petitioning to importing a foreign fiance/spouse.Miguelito wrote: The other interesting/risky part to his second claim is that nothing is stopping his wife from going to the U.S. to visit or stay with him there. If they are in fact married then he can easily apply for a visa for her; if they are not legally married in the eyes of the court, than the argument doesn't have any merit whatsoever.
However, because he was convicted of possessing child pornography, which is considered to be a "specified offense against a minor" under section 111 of the Adam Walsh Child Protection and Safety Act of 2006, then he is subject to Section 402 of that act, which is titled "BARRING CONVICTED SEX OFFENDERS FROM HAVING FAMILY-BASED PETITIONS APPROVED."
That section provided that the Immigration and Nationality Act be amended at 8 U.S.C. section 1154(a)(1)(A)(8) to disqualify child sex offenders from sponsoring spousal visas, "unless the Secretary of Homeland Security, in the Secretary’s sole and unreviewable discretion, determines that the citizen poses no risk to the alien with respect to whom a petition described in clause (i) is filed."
A blogger with bad spelling suggests that such waiver applications from child sex offenders are hopeless and the Department of Homeland Security never grants them:
http://boureypeatnut.weebly.com/adam-wa ... enied.html
These immigration lawyers are slightly more optimistic and will take a child sex offender's money because there's a slim chance of approval in some circumstances:
https://www.rreeves.com/immigration-new ... y-matters/
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