Father and son child porn sentencing appealed to state superior court
The attorney for the father-and-son teachers sentenced on child pornography charges have appealed their jail term to the state Superior Court.
Benjamin Goodwin filed the notice of appeal on behalf of his clients, Robert David Caldwell and Robert David Caldwell II, after a Fayette County judge denied post-sentence motions in the cases.
The men entered pleas to the charges, and in December, Caldwell Sr. was sentenced to three months to seven years in prison. His son was sentenced to two to 12 years behind bars.
Caldwell Sr., 69, a retired social studies teacher at Uniontown Area Senior High School, along with his son, Caldwell II, a former substitute teacher at Laurel Highlands Middle School, were charged following a March 2014 search of their home at 103 Tyler Court in South Union Township. There, police found pornographic images of young boys.
The search was conducted because Caldwell II, 37, showed a pornographic image to male students using his cellphone during school hours at Laurel Highlands Middle School, police said.
Prosecutors said there were numerous pictures of child pornography on Caldwell Sr.’s home computer that included images of prepubescent boys under the age of 18, including some under 13.
Goodwin is appealing the decisions made by President Judge John F. Wagner on Jan. 3, denying the motion filed by David Shrager, the former attorney for the men.
In that motion, Shrager stated that Caldwell Sr. has a “multitude of health problems due to back injuries he sustained from falling down the stairs, severe allergies and high blood pressure” with fears that the conditions will worsen from a prolonged period of incarceration.
Shrager also argued that Caldwell II’s sentence should be reconsidered as Caldwell II has severe panic attacks, anxiety and allergies, all of which controlled through his doctors in Florida.
“(Caldwell II) is in fear that his health issues may worsen while incarcerated,” Shrager wrote, adding that Caldwell II is “supremely remorseful for his actions.”
He added that Caldwell II has undergone treatment where the doctor, Dr. Allen Pass, providing the treatment stated that the Effexor prescription that Caldwell II was taking may have interfered with his judgment and influenced his negative behavior.
The original motion requested for Caldwell II to either serve a period of probation. Shrager had also asked that a judge suspend the man’s jail sentence so that Caldwell II can finish his treatment.
Wagner also denied a request from Goodwin in motions court last week for Caldwell Sr. to continue to serve his sentence of three months to seven years in a county prison to increase his chance of being paroled at the minimum of his sentence.
Both Caldwells remain lodged in the State Correctional Institution at Pittsburgh.