Appeal claiming ineffective counsel filed for teacher sentenced on child-porn charges

The attorney for a former South Union Township teacher sentenced to pornography-related charges is claiming the man’s two attorneys leading up to his plea and sentencing were ineffective.
Attorney Benjamin F. Goodwin filed the post-conviction relief petition on behalf of Robert Caldwell II, 38, a former substitute teacher at Laurel Highlands Middle School who was sentenced to two to 12 years in prison related to child pornography charges in 2016.
In his motion, Goodwin states that Cladwell’s attorneys improperly advised him that if he did not plead guilty to the charges, he would be federally prosecuted and could be facing a longer sentence.
Goodwin indicated Caldwell’s former attorney told him if he pleaded guilty, a judge would consider sentencing him to county or state intermediate punishment and house arrest instead of giving him jail time.
“(Caldwell) believed that he could not maintain his innocence and ‘fight’ his case because he would be federally prosecuted automatically,” Goodwin wrote, adding Caldwell was never told federal prosecutors have the authority to determine if they want to prosecute the case or keep it at the district attorney’s office.
Goodwin alleged Caldwell’s no-contest plea in July 2016 was not done so knowingly, intelligently and voluntarily, and Caldwell entered a general plea instead instead of negotiating a specific plea because he was told it would help the court in considering a sentence of intermediate punishment.
At his sentencing hearing, Caldwell’s attorney argued for intermediate punishment , but District Attorney Rich Bower stated in court that Caldwell does not qualify because it’s in the statute that the nature of the crimes makes Caldwell ineligible.
“(Caldwell) believed that he was eligible for county and/or state intermediate punishment because his attorney(s) advised him that he was,” Goodwin wrote.
Had Caldwell known he was ineligible, he would not have pleaded guilty, Goodwin said.
Caldwell and his father, Robert Caldwell Sr., 70, were charged following a March 2014 search of their South Union Township home. There, police found pornographic images of young boys. The search was conducted because Caldwell II 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 claimed attorneys for Caldwell II failed to challenge the search warrant served at the Caldwell home, on the basis that the affidavit of probable cause gave no indication when the criminal conduct occurred.
“A successful challenge of the search warrant would have resulted in the suppression of incriminating evidence against (Caldwell II) and the necessary dismissal of the charges against him,” Goodwin wrote.
Goodwin is requesting permission for Caldwell II to withdraw his plea and stand trial.
Caldwell II is lodged at the State Correctional Institution at Mercer, and his father is lodged at the State Correctional Institution at Huntingdon.