Yoder setencing postponed; motion for new trial will be held
John David Yoder, convicted of 10 felonies for operating a child pornography ring in the Coachella Valley, had been expected be sentenced in a Banning courtroom Friday, but that hearing will be postponed, and
Yoder’s attorney will ask for a new trial.
Yoder, 43, of Desert Hot Springs, was found guilty in February of four counts of lewd acts on a child under 14, two counts of human trafficking of a child, two counts of procuring a child for sex, and one count each of conspiracy to commit child pornography and harboring a fugitive. He faces a potential of 25 to 30 years in prison.
Yoder is accused of making teenage boys available for himself and three other men at his Desert Hot Springs home and other locations in the city. He and co-defendants Erick Alan Monsivais of Los Angeles, William Clyde Thompson of Las Vegas and Noland Anthony Harper of Richmond, Virginia, were named in a 59-count indictment, though only Yoder and Monsivais awaited possible sentences Friday.
Riverside County District Attorney’s Office PIO John Hall said that Yoder and Monsivais will await sentencing “in at least a couple weeks,” with an exact hearing date uncertain until later Friday.
Monsivais pleaded guilty to five counts of lewd acts on a child under 14 and agreed to testify against Yoder. Thompson and Harper are awaiting trial.
The men are accused of molesting and illegally photographing young boys over the course of almost two years. Deputy District Attorney William Robinson told jurors in his closing argument that Yoder also leased an apartment that Thompson and two of his friends used to repeatedly molest boys they met at a local skate park. That same apartment became the site of pornographic photo shoots involving local boys, Robinson said.
Yoder’s name also appears on the registration of the car Thompson drove and on the Internet service account Thompson allegedly used to sell and distribute photos of scantily clad and naked Desert Hot Springs boys.
“They’re all friends and they’re wreaking havoc on this community,” Robinson told the jury. “(And) they don’t care. They only care about their own selfish desires.”
A hearing is scheduled Friday for a motion for a new trial filed by Yoder’s attorney, John Patrick Dolan. In the motion, Dolan argues that Yoder and Dolan were not granted sufficient time to meet in person or review documents and evidence, violating Yoder’s 6th amendment rights.
The motion also alleges that the jury was allowed to consider evidence outside of what Yoder was indicted, including witness testimony accusing Yoder of oral copulation with one of the boys and a 2012 child pornography indictment against Thompson improperly allowed as evidence.
During the trial, Dolan said that Yoder, a former Palm Springs schools instructor, was not involved with the crimes of his co-defendants and would never have jeopardized his life, family and career to commit the crimes.
“Mr. Yoder didn’t have anything to do with that dark world,” Dolan said. “He’s a different person than those people.”
But Robinson identified Yoder as the ringleader behind the molestations.
“Desert Hot Springs wouldn’t have been ravaged the way it was had it not been for Mr. Yoder,” the prosecutor said. “Make no mistake about it, ladies and gentlemen. Mr. Yoder’s home was a lion’s den.”
February 9: John Yoder found guilty on 10 of 11 felony charges
Jurors have reached verdicts in the trial of John David Yoder. The verdicts were read between 3:15 and 3:30 p.m. at the Banning Courthouse.
The jury found Yoder guilty of lewd acts with a child, which was the most serious felony charge he was facing. He was also found guilty on a felony charge of human trafficking and helping a fugitive hide from authorities. Jurors also found him guilty of conspiracy to produce child pornography.
“I think overall the Coachella Valley and the people out there should know that the justice system worked here,” said John Hall, spokesman for the Riverside County District Attorney’s Office.
The 43-year-old former Palm Springs schools aid was charged with 11 felony counts, including lewd acts with a child, persuading a child to commit lewd acts, human trafficking of a child, harboring a fugitive and conspiracy to commit a felony.
KESQ has reached out to Yoder’s defense team to ask if they plan to appeal, but they have not returned our messages.
Mika Moulton is the founding director of Christopher’s Clubhouse. She was originally subpoenaed by the defense in this case, but they ended up dropping her as a witness. John Yoder and his disabled foster son attended a program run Christopher’s Clubhouse. In that program educators were talking about the importance of being able to tell adults if someone was touching them inappropriately. Usually parents drop off their kids and don’t attend it themselves.
“Why would he [Yoder] be there when he doesn’t have to be there, and why is he hovering over every situation about teaching safety and especially the safe and unsafe portion?” asked Moulton.
According to Moulton, people like John Yoder are all to prevalent in this country and children need to be educated on how to get out of situations if approached by a predator.
“Currently in the United States they have pin pointed over one million individual serial numbered computers that are downloading and distributing child pornography,” said Moulton.
John Yoder is scheduled to be sentenced on April 29th. According to the District Attorney’s office Yoder could spend as much as 28 years behind bars.
Closing arguments are taking place Thursday in the molestation and child pornography trial of a former special education instructor and foster parent in the Coachella Valley, John David Yoder.
Additional motions and drafting of jury instructions took longer than instructed so closing arguments didn’t take place Wednesday as initially planned.
News Channel 3 and CBS Local 2’s Megan Terlecky is at the courthouse documenting the closing arguments.
Yoder has pleaded not guilty to 12 felony charges which include human trafficking of a child and lewd acts with a child. The judge spent the morning going over jury instructions with the prosecution and defense attorneys before presenting them to the jury.
Prosecutors allege Yoder introduced out of town defendants to a network of adolescent boys who frequented local skate parks and then allowed them to use his house to help them molest the boys and produce pornography.
One of those defendants, 30-year-old Erick Monsavais, testified against Yoder in exchange for a 45-year prison sentence, saying that Yoder was instrumental in the child pornography ring.
Prosecutors also presented dozens of emails allegedly describing Yoder’s efforts to arrange visits and sleepovers with the boys, but he also insisted he was repulsed by the notion of sex with underage boys.
Yoder’s defense attorney pointed out that the 10,000 emails which were examined didn’t contain an illegal image or reference to Yoder engaging in illegal sexual conduct.
Closing arguments are expected to last all day Thursday before the trial is in the hands of the jury. Because of the holiday, Monday deliberations may not begin until Tuesday.
Wednesday report:
In addition to working on instructions Wednesday, the prosecution requested removal of a juror for an undisclosed reason, but the motion was denied.
Also Wednesday, the defense requested — and was granted — dismissal of one of three felony counts of human trafficking of a person under 18 years old.
Both sides rested their cases in the trial of 43-year old John David Yoder Tuesday.
Yoder pleaded pleaded not guilty to twelve felony charges including human trafficking of a child, and lewd acts with a child.
Tuesday, the prosecution finished presenting its evidence following a full day of testimony discussing a number of emails sent to and from Yoder’s account.
In those emails, Yoder describes his efforts to arrange visits.
However, he repeatedly insisted in the emails that his relationships are about mentoring and platonic cuddling, and often makes clear he is repulsed by the notion of sex with underage boys.
Throughout the emails, Yoder defends the concept of being a “boy- lover,” professes his attraction to the form of young “hairless” boys, and decries the stigma attached to the word “pedophile,” advocating instead “acceptance of our disorder.”
However, at the same time, he repeatedly insisted in the communications that his relationships are about “mentoring” and “platonic” cuddling.
“My belief is it is the murder of a child’s innocence,” Yoder wrote, adding: “It’s about (self) control … I am in control.”
Jurors were ordered to return for closing arguments at 9 a.m. Thursday.
