Recovered/Located PA - A.Y., 16, Allentown, 5 March 2018 *Arrest* #2 (missing again 23 July 2018)

[Rodnester]

New Preliminary Hearing Date Scheduled:

Preliminary Hearing 04/25/2018 10:30 am

 

[Rodnester]

Again there is no proof that she used her mother's passport. It's only a vague suggestion by the mother's lawyer. What do you think the chances are of a TSA agent allowing a 16 year old girl to fly with the passport of a 40 year old woman? :thinking:

Kaboom,
You do bring up a valid point that does deserve an answer. The reason that I belive that it is posible that AY used her mother's passport is from my own personal experience. My wife is Asian and she immigrated to the US just before we got married. We have a young daughter now. My wife still has her old passport from her home country. Her picture was taken years ago, but as I watch my daughter grow up, I can see her looking more like my wife back then. I believe that AY was able to use her mother's passport because it was the Chinese one she use to immigrate to the US with when she was a lot younger.

If this is true, then not only did American Airlines /TSA allow her to board with her mother's passport, it was also an expired one.

Regards.

 

[Kapua]

Kaboom,
You do bring up a valid point that does deserve an answer. The reason that I belive that it is posible that AY used her mother's passport is from my own personal experience. My wife is Asian and she immigrated to the US just before we got married. We have a young daughter now. My wife still has her old passport from her home country. Her picture was taken years ago, but as I watch my daughter grow up, I can see her looking more like my wife back then. I believe that AY was able to use her mother's passport because it was the Chinese one she use to immigrate to the US with when she was a lot younger.

If this is true, then not only did American Airlines /TSA allow her to board with her mother's passport, it was also an expired one.

Regards.

It could even have been an old U.S. Passport - they are good for 10 years. BUT - TSA should be checking the picture AND the date of birth printed on the passport. And there is no way that child could pass for a woman her mother's age. IMHO.

:cow:

 

[GraceG]

This may have already been shared. But here is a copy of the Criminal Complaint against Esterly https://www.documentcloud.org/documents/4420902-Kevin-Esterly-affidavit.html

 

[Shiressleuth]

It could even have been an old U.S. Passport - they are good for 10 years. BUT - TSA should be checking the picture AND the date of birth printed on the passport. And there is no way that child could pass for a woman her mother's age. IMHO.

:cow:

According to the Criminal Complaint posted by GraceG, it was only AY's personal documents taken from the house.

 

[Richrd]

.

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/DocketSheets/MDJReport.ashx?docketNumber=MJ-31101-CR-0000144-2018:

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

A-2)) https://ujsportal.pacourts.us/Docke...rt.ashx?docketNumber=MJ-31101-CR-0000144-2018

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

https://www.documentcloud.org/documents/4420902-Kevin-Esterly-affidavit.html

B)) https://ujsportal.pacourts.us/Docke...eport.ashx?docketNumber=CP-39-CR-0000224-2013
​

[Post 5602
Thread 369587]
.

 

[Rodnester]

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,

 

[Shiressleuth]

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?

 

[Rodnester]

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-val...ooks-to-sue-esterly-possibly-others/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,

 

[JerseyGirl]

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/allentown/index.ssf/2018/04/kevin_esterly_man_faces_trial.html

 

[VanillaRose]

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/mc-nws-kevin-esterly-hearing-felony-charges-20180401-story.html

 

[Irishboy]

So nothing happened in the apprt

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/mc-nws-kevin-esterly-hearing-felony-charges-20180401-story.html

So nothing happened in the apartment or she didn't talk

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[Irishboy]

Hope this isn't dropped too

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/allentown/index.ssf/2018/04/kevin_esterly_man_faces_trial.html

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[VanillaRose]

I thought the same thing :sigh: Hope she is getting the help she needs, her family too.

So nothing happened in the apprtSo nothing happened in the apartment or she didn't talk

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[Rodnester]

Hope this isn't dropped too

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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.

 

[heartgoesout]

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?

 

[Rodnester]

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.chestercountycriminallawyer.com/blog/2016/07/sex-crimes-corruption-of-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,

 

[Gardener1850]

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-limitations-in-civil-cases

 

[heartgoesout]

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.

 

[jns207]

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.

I’m confused by your post. What do you mean by no charges? The charge for this gray area involving consensual sex with a minor over the age of 16 would be “corruption of minors.” As indicated in the links above, prosecutors added that charge prior to him waiving his preliminary hearing.


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