American expat Eric Erdmann arrested in Phnom Penh
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The defense attorney may argue that this exhibit should be stricken from the record because it's improper for the prosecution's sentencing memorandum to rely in part upon a third party article containing inflammatory statements and a Griffin-humping photo of unknown authenticity that was never introduced at trial.
The Federal Rules of Evidence don't apply in sentencing proceedings though; sentencing judges have more leeway to consider hearsay evidence as long as it's "reliable."
The Federal Rules of Evidence don't apply in sentencing proceedings though; sentencing judges have more leeway to consider hearsay evidence as long as it's "reliable."
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Outstanding work Gavin.
What happens when he gets out ? Does the probation period include a provision about foreign travel, or would he be able to come back nevertheless?
What happens when he gets out ? Does the probation period include a provision about foreign travel, or would he be able to come back nevertheless?
K440 may also be connected to a pending Australian legal case, according to an article in today's PPP. Geraldine Cox of Sunrise Orphanages is suing a Facebook critic for defamation. The young woman, a recent law graduate, visited Cambodia in 2016 and repeated allegations she heard at the time that Sunrise was exploiting young kids in a dishonest advertising campaign, in order to raise funds.
I think we all know where that started.
I think we all know where that started.
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As a general rule, the probation terms would prohibit him from traveling outside the USA without permission of the court or his probation officer.logos wrote:Does the probation period include a provision about foreign travel, or would he be able to come back nevertheless?
Of course, those were the terms of his Oregon probation, which he violated by simply fleeing the country.
The other question is whether he is barred from even obtaining a new passport while on probation, which would enable him to do a runner. I don't know the answer to that. The original Oregon arrest warrant is still in effect and I believe he can't get a new passport at least as long as that it is outstanding.
All Erdmann had to do was fly to Oregon instead of Florida back in April 2016, get a slap on the wrist in Oregon and maybe a few months in jail there for violating his probation, and then he would have been free as a bird and totally legal to get a new passport and return to Cambodia in late 2016, assuming he's not blacklisted.
Instead, he went to Florida, failed to register as a sex offender, got arrested for that, spent a year fighting the charges, and now he's looking at being more or less ineligible to leave the USA until possibly 2028. Which is a shame, because, as the government pointed out on page 3 of its memo, Erdmann believes "the U.S. is garbage."
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I'm really trying to stay away from arguing with you gavinmac. Really. But that whole post is just full of shit and what I am assuming is you are guessing.gavinmac wrote:As a general rule, the probation terms would prohibit him from traveling outside the USA without permission of the court or his probation officer.logos wrote:Does the probation period include a provision about foreign travel, or would he be able to come back nevertheless?
Of course, those were the terms of his Oregon probation, which he violated by simply fleeing the country.
The other question is whether he is barred from even obtaining a new passport while on probation, which would enable him to do a runner. I don't know the answer to that. The original Oregon arrest warrant is still in effect and I believe he can't get a new passport at least as long as that it is outstanding.
All Erdmann had to do was fly to Oregon instead of Florida back in April 2016, get a slap on the wrist in Oregon and maybe a few months in jail there for violating his probation, and then he would have been free as a bird and totally legal to get a new passport and return to Cambodia in late 2016, assuming he's not blacklisted.
Instead, he went to Florida, failed to register as a sex offender, got arrested for that, spent a year fighting the charges, and now he's looking at being more or less ineligible to leave the USA until possibly 2028. Which is a shame, because, as the government pointed out on page 3 of its memo, Erdmann believes "the U.S. is garbage."
The whole case and the Oregon charges and the way you are presenting them is shit. That is why you are non practicing civil lawyer and certainly not a criminal lawyer.
The cases were closed, as I said, in Oregon. All three of them. Show proof they are not.
And if he has a federal charge, and probation ... you dumb ass ... it's the Federal Govt. and they would not issue him a passport unless approved by his federal probation officer and the board.
You actually don't know a damn thing about criminal law. Stick to stolen jewelry or fire sprinklers damaging property.
You are wrong. Disinformation or guessing is a dick move.
Batshit
I love bitches n gonna fuck Texas and the USA+ right up their god damn ass! Hallelujah!
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We've been through this many, many times.batshitcrazyweirdo wrote:
The cases were closed, as I said, in Oregon. All three of them. Show proof they are not.
See this post here: http://www.khmer440.com/chat_forum/view ... 12#p795702
1. The copy of the Oregon warrant is here. This warrant is the reason why the embassy refused to renew his passport.
2. When we published this article in May 2016, it included a link to the Oregon court docket sheet showing that the warrant was still active.
3. I also personally called the clerk's office in Oregon last July, and they confirmed that the Oregon warrant is still in effect.
4. Erdmann's own lawyer acknowledged last week that Erdmann still has to "resolve his issues from his Oregon probation" before he can get a new passport, which is lawyer-speak for "he needs to take care of the active Oregon arrest warrant for violating his probation."
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Yes, but now it has changed. There are no warrants in Oregon. You said you called the clerk and there were. You are wrong. All 3 are closed.gavinmac wrote:We've been through this many, many times.batshitcrazyweirdo wrote:
The cases were closed, as I said, in Oregon. All three of them. Show proof they are not.
See this post here: http://www.khmer440.com/chat_forum/view ... 12#p795702
1. The copy of the Oregon warrant is here. This warrant is the reason why the embassy refused to renew his passport.
2. When we published this article in May 2016, it included a link to the Oregon court docket sheet showing that the warrant was still active.
3. I also personally called the clerk's office in Oregon last July, and they confirmed that the Oregon warrant is still in effect.
4. Erdmann's own lawyer acknowledged last week that Erdmann still has to "resolve his issues from his Oregon probation" before he can get a new passport, which is lawyer-speak for "he needs to take care of the active Oregon arrest warrant for violating his probation."
Lawyer speak. Hmmmmmmm. Dick move Gavinmac. And wrong. Let me explain lawyer speak to you: How much you got????
I know criminal law, and I know he has no warrants in Oregon. If you can prove otherwise ... I'll lick your nasty left big toenail.
I love bitches n gonna fuck Texas and the USA+ right up their god damn ass! Hallelujah!
batty .. stay off this thread and get back in your cage.
Final warning.
Final warning.
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By the way, the references on pages 2 and 9 of the USA's sentencing memorandum are the first "official" confirmation that Erdmann was teaching at Home of English, and he also said he was teaching children as young as 13.
As a trip down memory lane, when I contacted Home of English by email shortly after Erdmann's arrest to ask if he worked there and what their policies were on hiring pedophiles and performing background checks, I got a bizarre and hostile response:
I wonder if HOE has since changed its policy about hiring teachers part time, and then later doing background checks on them if they are hired full time. Why wouldn't a Western-run school for children in Cambodia do background checks on ALL teachers, full time and part time? Does that cost too much money?
As a trip down memory lane, when I contacted Home of English by email shortly after Erdmann's arrest to ask if he worked there and what their policies were on hiring pedophiles and performing background checks, I got a bizarre and hostile response:
I wonder if HOE has since changed its policy about hiring teachers part time, and then later doing background checks on them if they are hired full time. Why wouldn't a Western-run school for children in Cambodia do background checks on ALL teachers, full time and part time? Does that cost too much money?
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Perhaps you should email Home of English again and ask them also why they lied about hiring Erdmann. Is it common practice for schools to have no background checks on its teachers and then, when informed that they've hired an on-the-run sex offender, blatantly lie about it and label the purveyor of bad news as 'ants need to be put in their place.'
It's not like it's a rare occurance. Even the best schools have fallen into the trap.
It's not like it's a rare occurance. Even the best schools have fallen into the trap.
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No they didn't really lie, they were just hanging their hat on the fact that he hadn't been teaching pre-school, which is one of the questions I initially asked them. Then they were rather evasive about the rest, smugly saying that no one named Erdmann worked there "full time," which is not a question I had asked.
How much money do you think a school like that would save by blowing off background checks on part time teachers and just throwing them into a classroom with children? 200 bucks a year?
How much money do you think a school like that would save by blowing off background checks on part time teachers and just throwing them into a classroom with children? 200 bucks a year?
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Eric Erdmann was sentenced yesterday. The documentation of the sentencing is here.
The lawyers made arguments about the sentence, and then Erdmann made a statement to the judge on his own behalf. I will assume he expressed remorse and did not rant against the government like a crazy person.
Over Erdmann's lawyer's objection, the judge sentenced him to 21 months in prison, which was the term of imprisonment requested by the prosecution.
His date of conviction was March 27, 2017, and he has been in custody since then. 21 months from the date of Erdmann's conviction will be December 27, 2018. However, he will likely get a reduction of his sentence of about two and half months for good behavior in prison. That means that Erdmann should get out of prison in mid-October, 2018.
The prosecution asked for ten years' probation following his incarceration. The judge sentenced him to five years' probation. As special conditions of his probation, he's not allowed to be around minors or to use or possess a computer or smart phone during the probation period without written permission of his probation officer. He can't use or possess any internet capable device, flash drive, electronic storage device, etc. He is subject to searches of his residence for such devices during his probation period.
That seems really harsh to me. Possessing child pornography is a computer-related offense, but failing to register as a sex offender is not. I mean, I remember when people were convicted of computer hacking in the 1990's, they would be ordered not to use computers for a while, and that seemed reasonable. But Erdmann is a guy who was caught with a relatively small number of child pornography images on his computer in 2007, and now he's going to be prohibited from using or possessing a computer until almost 2024, unless his probation officer agrees to it.
It's hard to find a job without a computer. It's hard to keep in contact with your wife in Cambodia and other friends and family across the USA without a computer. It's hard to play modern, weirdo sniper video games without an internet-capable device. It will probably be hard to buy a toaster in 2021 that isn't a SMART toaster. We use computers to keep abreast of world news, find our doctors, buy stuff a reasonable prices, take higher education classes, date adult members of the opposite sex, check our bank balances, book transportation, pay utilities bills, etc. I'm not sure that forcing sex offenders to live off grid like the Unabomber fifteen years after their offense is the best way to rehabilitate them.
Lastly, the judge also ruled that Erdmann's sentence be served "concurrently with the state term of imprisonment anticipated in Multnomah County Circuit Court, Portland, Oregon 09-0130068." That means he won't have to do additional time in Oregon unless he's sentenced to more than 21 months there for fleeing his probation (highly unlikely). During or shortly after his term of federal imprisonment, he should be able to file something with the Oregon court (or go to Oregon and appear before the court) and get those charges and warrant resolved without additional punishment.
If he's not blacklisted by Cambodia, he might be able to legally return here by late 2023. It's unclear if Home of English would rehire him.
The lawyers made arguments about the sentence, and then Erdmann made a statement to the judge on his own behalf. I will assume he expressed remorse and did not rant against the government like a crazy person.
Over Erdmann's lawyer's objection, the judge sentenced him to 21 months in prison, which was the term of imprisonment requested by the prosecution.
His date of conviction was March 27, 2017, and he has been in custody since then. 21 months from the date of Erdmann's conviction will be December 27, 2018. However, he will likely get a reduction of his sentence of about two and half months for good behavior in prison. That means that Erdmann should get out of prison in mid-October, 2018.
The prosecution asked for ten years' probation following his incarceration. The judge sentenced him to five years' probation. As special conditions of his probation, he's not allowed to be around minors or to use or possess a computer or smart phone during the probation period without written permission of his probation officer. He can't use or possess any internet capable device, flash drive, electronic storage device, etc. He is subject to searches of his residence for such devices during his probation period.
That seems really harsh to me. Possessing child pornography is a computer-related offense, but failing to register as a sex offender is not. I mean, I remember when people were convicted of computer hacking in the 1990's, they would be ordered not to use computers for a while, and that seemed reasonable. But Erdmann is a guy who was caught with a relatively small number of child pornography images on his computer in 2007, and now he's going to be prohibited from using or possessing a computer until almost 2024, unless his probation officer agrees to it.
It's hard to find a job without a computer. It's hard to keep in contact with your wife in Cambodia and other friends and family across the USA without a computer. It's hard to play modern, weirdo sniper video games without an internet-capable device. It will probably be hard to buy a toaster in 2021 that isn't a SMART toaster. We use computers to keep abreast of world news, find our doctors, buy stuff a reasonable prices, take higher education classes, date adult members of the opposite sex, check our bank balances, book transportation, pay utilities bills, etc. I'm not sure that forcing sex offenders to live off grid like the Unabomber fifteen years after their offense is the best way to rehabilitate them.
Lastly, the judge also ruled that Erdmann's sentence be served "concurrently with the state term of imprisonment anticipated in Multnomah County Circuit Court, Portland, Oregon 09-0130068." That means he won't have to do additional time in Oregon unless he's sentenced to more than 21 months there for fleeing his probation (highly unlikely). During or shortly after his term of federal imprisonment, he should be able to file something with the Oregon court (or go to Oregon and appear before the court) and get those charges and warrant resolved without additional punishment.
If he's not blacklisted by Cambodia, he might be able to legally return here by late 2023. It's unclear if Home of English would rehire him.
Last edited by gavinmac on Tue Jul 18, 2017 8:22 am, edited 1 time in total.
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Probably wouldn't hire him full-timegavinmac wrote: It's unclear if Home of English would rehire him.
Q: Why do neither of the links in the OP show a photo?
The facebook one is gone, and the other has data, but no photo.
The facebook one is gone, and the other has data, but no photo.
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