Stephen Cahill was a former GDOE high school teacher accused of recording a sex tape with his student.
Guam – A former Guam Department of Education high school teacher and Mr. Guam contestant accused of recording a sex tape with his student was back in court today to try to dismiss charges that were re-alleged.
Stephen Douglas Cahill was initially indicted in 2015 of dissemination of child pornography, electronic enticement of a child, possession of child pornography and indecent electronic display to a child, all as felonies. He was also charged with child abuse and official misconduct, both as misdemeanors.
Cahill pleaded not guilty, and last year, a superior court judge dismissed all his felony charges without prejudice in March 2016, meaning the Attorney General’s Office could bring those charges against Cahill again at a later time, which they did. The prosecution filed a second superseding indictment in June 2016 re-alleging the previously dismissed charges.
Cahill has since submitted a motion to dismiss the three charges of dissemination of child pornography, electronic enticement of a child, and possession of child pornography, stating in court documents that the prosecution did not give the grand jury the images or videos to determine if they were indeed pornographic based on a three-part test specified by law.
The motion cites 9 GCA, Chapter 28, Article 2’s definition of “pornographic” needing to meet these criteria:
- The average person finds that it appeals to the prurient interest;
- It depicts sexual conduct in a patently offensive way; and
- It lacks serious literary, artistic, political or scientific merit.
Court documents further state that if not all three criteria are met, the images cannot be considered pornographic, and therefore cannot be considered child pornography. Cahill’s defense counsel argues that the Court’s March 2016 order is still applicable since the grand jury cannot make a determination if the recording “depicts sexual conduct that is pornographic in a patently offensive way.” Additionally, documents state that Cahill’s due process rights were violated since the grand jury was not allowed to view the video.
Cahill’s next hearing is scheduled for April 18 at 9:30.