A van transporting David Matthew Frahm back to the Department of Corrections leaves the federal courthouse on Monday afternoon.
David Matthew Frahm
Attorney Richard Miller, appointed by the federal court to represent David Matthew Frahm, talks to reporters after the hearing on Monday afternoon.
DAVID Matthew Frahm, a former Marianas High School music teacher accused of making child pornography, has pled not guilty.
Frahm, 46, was extradited to Saipan early Sunday morning. He appeared before Chief Judge Ramona V. Manglona of the District Court for the NMI for an initial hearing and arraignment on Monday afternoon.
After reviewing Frahm’s financial affidavit, the judge found that he qualifies for a court-appointed counsel. The court then named Richard Miller as the defense lawyer.
Frahm, through Miller, waived the reading of the charges and the defendant’s rights and entered a plea of not guilty to all three charges in the superseding indictment.
Frahm was charged with attempted exploitation of a child, possession of child pornography, and engaging in illicit sexual conduct in foreign places.
The federal government, represented by Assistant U.S. Attorney Eric O’Malley, filed a motion for detention pending trial, noting that the case against Frahm is a felony involving a minor, and there is a serious risk that the defendant will flee.
Miller informed the court that his client does not have any passport, and that Frahm has a temporary passport issued by the U.S. Consulate in Malaysia that must be returned to the embassy by June 11.
After Frahm pled not guilty to the charges, Judge Manglona set his jury trial for Aug. 13 at 10 a.m. The court also scheduled a detention hearing for June 17 at 1: 30 p.m.
The defendant was remanded to the custody of the U.S. Marshals after the hearing.
In an interview with reporters, Miller said, “I can’t comment on any discussions I had with my client. However, it is almost unheard of for somebody to enter a plea of guilty initially at the arraignment….”
Miller said he will file for a dismissal of the third charge — engaging in illicit sexual conduct in foreign places — for lack of venue.
“Under the U.S. Constitution, for a person to be charged of a crime as an American citizen in a U.S. court, there are two issues: one is jurisdiction, and the other is venue,” he said.
“For jurisdiction, the court has to show that it has power to adjudicate the case. For instance, [if] you committed a crime in Saipan, you will be surprised to find that Russia has indicted, and you probably will fight if Russia tries to prosecute you for something that you allegedly did in the U.S.,” Miller said
The charge against Frahm involved his conduct in Malaysia. “What business is it of the U.S.?” Miller asked.
“The government says in the information…that because he is a U.S. citizen, it’s enough for them to charge him with that. We will look into that. It is an unusual charge that I have not seen before,” Miller said.
Regarding venue, he added, “What power does this particular court here on Saipan [have] to prosecute him? Under the 6th Amendment, one has a constitutional right to be prosecuted in the place where the offense allegedly took place.”
Even if the court has jurisdiction over the defendant for count three, there is still the question of why he has been charged on Saipan “when all of the conduct has taken place in Malaysia, Why Saipan? On the face of the indictment, it was not clear,” Miller added.
In Langkawi, Malaysia, Frahm was charged for sexually harassing an 11-year-old girl. He was accused of filming the girl when she was bathing in her home. The girl was his neighbor.
He was sentenced to three months in jail after pleading guilty to possessing child pornographic material. The prison sentence counted the days when he was first arrested on Feb. 15.
On June 6, Federal Bureau of Investigation Special Agent Richard J. Bauer served Frahm with an arrest warrant in Malaysia. The warrant was issued by Designated Judge David O. Carter in February.
A van transporting David Matthew Frahm back to the Department of Corrections leaves the federal courthouse on Monday afternoon.
