a courthouse
The Kenai Courthouse in November 2023. (Riley Board/KDLL)

The attorney for a former Soldotna teacher and union president charged with 61 counts related to sexual abuse of a minor has filed a motion to dismiss the case.

Nathan Erfurth was arrested in May 2023 on charges of second- and fourth-degree sexual abuse of a minor. A former student of Erfurth’s reported they had a sexual relationship while she was 17. In July, a grand jury released 61 charges, including sexual abuse of a minor, possesion of child pornography and unlawful exploitation of a minor. Erfurth pleaded not guilty to all of the charges.

In the new motion filed Wednesday Erfurth’s attorney, Eric Derleth, argues Alaska State Troopers improperly presented evidence to the grand jury.

According to an affidavit, troopers obtained a warrant and recorded a conversation between the former student and Erfurth last April, during which she told him she planned to report their relationship to the police and asked if he regretted it. According to troopers, Erfurth expressed anger and frustration about this, and said it would lead to him spending years in jail, saying, “If this is how I’m getting repaid for it, yes.”

Derleth argues in the motion that the so-called “confession” was cherry-picked from four hours of audio, and improperly presented to the jury. He also writes that troopers failed to tell the jury about four occasions in the tape where Erfurth denied the relationship, choosing only to inform them about the confession.

The motion also argues that the investigating trooper did not present evidence of child pornography found on Erfurth’s devices to the jury, but led them to believe it existed. It says the trooper told the jury Erfurth and the student exchanged photos that would be considered child pornography using MEGA, an encrypted messaging service.

The motion says Erfurth and the student did communicate via MEGA, but only after she was 18, and messages didn’t contain, “anything resembling pornography.”

A trooper spokesperson directed questions to the Alaska Department of Law, where a representative declined to comment, but said it’s up to the courts to determine if a legal error was made.

Erfurth has a hearing scheduled for March and a trial set for April, although those dates were set before the motion was filed.




Continue reading this article at; alaskapublic.org

Author : Riley Board, KDLL – Soldotna

Alaska Public Media

https://alaskapublic.org/2024/01/12/soldotna-teacher-accused-of-sex-with-student-seeks-dismissal-of-his-case/

Education,News,Public Safety
#Soldotna #teacher #accused #sex #student #seeks #dismissal