Frahm trial pushed back
The jury trial for David Matthew Frahm, a man facing child pornography charges in federal court, has been pushed back three months to allow parties to adequately prepare their cases.
As Frahm’s defense team case intends to engage with computer forensic experts in preparation for trial, and the U.S. government is actively gathering evidence from Malaysian authorities, the parties have agreed to ask the court to continue the jury trial to a date later than the initial Aug. 13 date.
According to a declaration by FBI special agent Richard Bauer in support of a continuance, he said both charges involve the use of digital devices.
Bauer said the relevant facts underlying count two of the superseding indictment are that defendant possessed child pornography on a digital device which he possessed and controlled.
Meanwhile, the relevant facts underlying count three are that defendant, a United States citizen who was residing in Malaysia, used a digital device which he possessed and controlled to record an 11-year-old girl while in a state of undress.
In or about February 2024, the Royal Malaysia Police (RMP) arrested Frahm and seized five digital devices in his possession, one of which was the device used to allegedly record an 11-year-old girl while in a state of undress.
Upon information and belief, forensic analysis conducted by the RMP uncovered child pornography on at least one of the digital devices, Bauer said.
The RMP also conducted interviews as part of its investigation, which were documented in police reports.
On or about May 1, 2024, upon request of the Office of the United States Attorney, the Office of International Affairs of the United States Department of Justice made an official request pursuant to the treaty between the United States of America and Malaysia on Mutual Legal Assistance in Criminal Matters directly to the Malaysian Central Authority seeking the digital devices, investigative reports, immigration records, and forensic analysis reports from the RMP.
Evidence of the offenses charged appears now, or appeared at the time the request was made, to be located in a foreign jurisdiction, specifically Malaysia.
To date, Malaysia has partially complied with the request by provided four of the five digital devices, but one digital device and the government records remain outstanding.
Bauer adds that upon information and belief, it may be two to three months before Malaysia fully complies.
In an order issued by U.S. District Court for the NMI Chief Judge Ramona V. Manglona, she said the ends of justice served by this continuance outweigh the best interest of the public and the defendant in a speedy trial, and that failure to grant such a continuance would deny defense counsel the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.
The court continues the jury trial from Aug. 13, 2024, to Nov. 5, 2024, at 10am.
Manglona stated that pretrial motions shall be filed no later than July 31, 2024, and any motions in limine be filed no later than Oct. 8, 2024.
Frahm remains in custody at the U.S. Marshals Service.
David Matthew Frahm
