Court denies appeal in child porn case
The state Superior Court has denied the appeal of a former teacher sentenced on child pornography charges.
On Thursday, Superior Court Judge H. Geoffrey Moulton Jr. filed the order affirming the sentence of Robert David Caldwell II, 38.
Caldwell was sentenced to serve two to 12 years in prison on charges of possession of child pornography, display of obscene and other sexual materials and criminal use of a communication facility, all of which he pleaded no contest to on Dec. 22.
The single issue raised in the appeal was whether a Fayette County judge committed an abuse of discretion in considering factors outside sentencing guidelines. The judge, Caldwell contended, took into account his future employment and having a residence outside of Pennsylvania.
However, Moulton points out that Caldwell’s original motion was for a sentence modification because of health issues, remorse for the crime and to continue his treatment.
“Caldwell’s motion did not argue that the trial court used supervision issues or Caldwell’s proffered post-incarceration employment as impermissible factors in sentencing,” Moulton wrote. “Nor did Caldwell raise this claim at the time of sentencing.”
Moulton concluded that Caldwell waived those aspects of his appeal.
Moulton wrote that the judge did not improperly rely on impermissible factors like Caldwell working at a frozen yogurt stand in Florida, but did rely on the nature of the offenses, the need for continued treatment to lessen the chance of re-offending and Caldwell’s resistance to accept responsibility for his crimes.
Caldwell, a former substitute teacher at Laurel Highlands Middle School, was charged following a March 2014 search of his and his father’s home at 103 Tyler Court in South Union Township. There, police found pornographic images of young boys.
The search was conducted because Caldwell 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 the home computer of Caldwell’s father, Robert Sr., which included images of prepubescent boys under the age of 18, including some under 13.
Caldwell Sr. was sentenced to serve three months to seven years in prison. He remains lodged in the State Correctional Institution at Huntingdon.
Caldwell II remains lodged in the State Correctional Institution at Mercer.
An opinion on the senior Caldwell’s appeal has not yet been filed.