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  1. #46
    Join Date
    Jan 2014
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    5,619

    Preliminary Hearing Continued to 25 April

    .
    Preliminary Hearing Continued to 25 April*

    PA - Kevin M. Esterly, 45
    for Felony Custodial Interference
    Lehigh County >>> Allentown
    5 Mar 2018

    Incarcerated Defendant:
    Kevin Michael Esterly
    White / Male / 45 Years Old
    Born: 29 Dec 1972

    Allentown, Lehigh County is in Eastern, PA

    Some Criminal Court Docket SheetS:

    *A-1)) https://ujsportal.pacourts.us/Docket...R-0000144-2018:

    Pre-Trial Confinement in Lieu Of $500,000 Bail

    A-2)) https://ujsportal.pacourts.us/Docket...R-0000144-2018

    A-3)) Police Criminal Complaint
    and Affidavit of Probable Cause:


    https://www.documentcloud.org/docume...affidavit.html

    B)) https://ujsportal.pacourts.us/Docket...R-0000224-2013

    [Post 5602
    Thread 369587]
    .
    Last edited by Richrd; 04-16-2018 at 04:22 PM.

  2. #47
    Join Date
    Jul 2017
    Posts
    190
    Quote Originally Posted by Shiressleuth View Post
    According to the Criminal Complaint posted by GraceG, it was only AY's personal documents taken from the house.
    I think at this point, we are all waiting for the Preliminary Hearing scheduled for 4/25/18 @ 10:30am. But you are correct, the affidavit does only show that AYs documents were taken. But if you trace back the posts a little further, you will see a lot of back and forth on this issue for various reasons.

    Regards,

  3. #48
    Join Date
    Nov 2016
    Posts
    8,594
    Quote Originally Posted by Rodnester View Post
    I think at this point, we are all waiting for the Preliminary Hearing scheduled for 4/25/18 @ 10:30am. But you are correct, the affidavit does only show that AYs documents were taken. But if you trace back the posts a little further, you will see a lot of back and forth on this issue for various reasons.

    Regards,
    Yeah - saw that , hence my post. I would rather go by the affidavit wording, for now, but thanks for clarifying the situation.

    If she went voluntarily on her own passport and she is over 16, what is the offence? Is it because she is under 18 and did not have parental permission?

    Eg. Here in UK you need parental permission to marry between 16-18 but if you elope to Gretna Green, just over the Scottish Border, you can marry at 16 without parental permission. I know in this case he was already married but if he wasn't, could they have got married in Mexico?
    Last edited by Shiressleuth; 04-17-2018 at 03:37 AM.

  4. #49
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    Jul 2017
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    190
    Quote Originally Posted by Shiressleuth View Post
    Yeah - saw that , hence my post. I would rather go by the affidavit wording, for now, but thanks for clarifying the situation.

    If she went voluntarily on her own passport and she is over 16, what is the offence? Is it because she is under 18 and did not have parental permission?

    Eg. Here in UK you need parental permission to marry between 16-18 but if you elope to Gretna Green, just over the Scottish Border, you can marry at 16 without parental permission. I know in this case he was already married but if he wasn't, could they have got married in Mexico?
    http://www.wfmz.com/news/lehigh-vall...hers/721723997

    Cook said Yu's family is also exploring legal action against American Airlines, claiming the airline allowed Yu to fly using her mother's passport.

    What we don't know is was the ticket under AY's name or her mother's. If it were under AY's name then American Airlines is in the clear. If it were under her mother's name, then the passport was not hers and possibly expired.

    Yes, you can get married in Mexico, but it will not be recognized until you present the marriage certificate to the local court here in the US.

    Regards,

  5. #50
    Kevin Esterly waived his hearing Tuesday on charges of interference with custody of children, concealment of the whereabouts of a child and corruption of minors. The case now heads to Lehigh County Court.

    Easterly is also scheduled to have a summary trial Tuesday afternoon on a harassment charge related to a separate incident Feb. 10 with his now-estranged wife.

    http://www.lehighvalleylive.com/alle...ces_trial.html


  6. #51
    Join Date
    Nov 2014
    Posts
    141
    Not much new info, but, as mentioned he waived his preliminary trial and there are now additional charges:

    "The new charges include concealment of the whereabouts of a child, a third-degree felony, and corruption of minors, a first-degree misdemeanor, and stem from his taking Yu out of the country, authorities said Tuesday. “After fully examining all the evidence we reached the conclusion that these three charges cover his actions,” Assistant District Attorney Matt Falk said."

    http://www.mcall.com/news/breaking/m...401-story.html

  7. #52
    Join Date
    Jan 2014
    Location
    US
    Posts
    854
    So nothing happened in the apprt
    Quote Originally Posted by VanillaRose View Post
    Not much new info, but, as mentioned he waived his preliminary trial and there are now additional charges:

    "The new charges include concealment of the whereabouts of a child, a third-degree felony, and corruption of minors, a first-degree misdemeanor, and stem from his taking Yu out of the country, authorities said Tuesday. “After fully examining all the evidence we reached the conclusion that these three charges cover his actions,” Assistant District Attorney Matt Falk said."

    http://www.mcall.com/news/breaking/m...401-story.html
    So nothing happened in the apartment or she didn't talk

    Sent from my SAMSUNG-SGH-I747 using Tapatalk

  8. #53
    Join Date
    Jan 2014
    Location
    US
    Posts
    854
    Hope this isn't dropped too
    Quote Originally Posted by JerseyGirl View Post
    Kevin Esterly waived his hearing Tuesday on charges of interference with custody of children, concealment of the whereabouts of a child and corruption of minors. The case now heads to Lehigh County Court.

    Easterly is also scheduled to have a summary trial Tuesday afternoon on a harassment charge related to a separate incident Feb. 10 with his now-estranged wife.

    http://www.lehighvalleylive.com/alle...ces_trial.html
    Sent from my SAMSUNG-SGH-I747 using Tapatalk

  9. #54
    Join Date
    Nov 2014
    Posts
    141
    I thought the same thing Hope she is getting the help she needs, her family too.

    Quote Originally Posted by Irishboy View Post
    So nothing happened in the apprtSo nothing happened in the apartment or she didn't talk

    Sent from my SAMSUNG-SGH-I747 using Tapatalk

  10. #55
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    Jul 2017
    Posts
    190
    Quote Originally Posted by Irishboy View Post
    Hope this isn't dropped too

    Sent from my SAMSUNG-SGH-I747 using Tapatalk
    Not if his Wife SE can help it. I believe she will do all she can to keep him behind bars in order to protect their kids.

  11. #56
    Join Date
    Feb 2014
    Posts
    3,364
    Anybody know the statute of limitations if down the road a victim realizes they were in fact a victim and decides to pursue their predator?

  12. #57
    Join Date
    Jul 2017
    Posts
    190
    Quote Originally Posted by heartgoesout View Post
    Anybody know the statute of limitations if down the road a victim realizes they were in fact a victim and decides to pursue their predator?
    In this case I do not believe that a statue would apply, IMO.

    He has been charged with corruption of a minor. This is in lieu of any statutory clauses.
    Research from this web site:
    https://www.chestercountycriminallaw...f-minors.shtml

    It is not uncommon for someone to be charged with corruption of minors along with several other offenses. If the victim is under the age of 16, it is no defense that the actor did not know the age of the minor or believed that they were of legal age. It is also not a valid defense to claim that the victim consented to any illegal or sexual acts. Two crimes that are mainly associated with corruption of minors are underage drinking and sex crimes. In Pennsylvania specifically, it is possible to be charged with the corruption of minors and not with statutory rape. In PA, the age of consent is 16, while a minor is considered anyone under the age of 18. This leaves a confusing gray area that allows for legally consensual sex to result in charges. ​

    Before he left with AY, The only thing LE had on him was Interference with custody of a Minor and he could have fought that in court, gotten a bond reduction, and been released while waiting for trial. But by taking AY to Mexico and leaving forensic evidence in that room. He pretty much made it a lot worse. I do not believe that he is smiling about it now.

    Regards,

  13. #58
    Join Date
    Jun 2016
    Posts
    19,689
    Quote Originally Posted by heartgoesout View Post
    Anybody know the statute of limitations if down the road a victim realizes they were in fact a victim and decides to pursue their predator?
    She has 12 years after her 18th birthday to file a civil suit according to this: https://www.pcar.org/statute-of-limi...in-civil-cases

  14. #59
    Join Date
    Feb 2014
    Posts
    3,364
    Excellent info, thank you!
    I didn't have time to research.

    "In PA, the age of consent is 16, while a minor is considered anyone under the age of 18. This leaves a confusing gray area that allows for legally consensual sex to result in charges."​

    Or in this case no charges? Sounds like it's past due to review the legalities of this gray area.

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