Convicted child lurer ordered extradited to U.S.

CALGARY A Calgary man convicted of child luring is facing a potential minimum of 10 years in prison after a judge on Wednesday ordered him extradited to the U.S. on similar allegations.

Justice Nancy Dilts said there is sufficient evidence that a Pennsylvania jury could find Robert James Tyndall guilty of luring a 14-year-old Philadelphia girl for the purposes of committing sexual offences.

Tyndall, 48, was sentenced in Calgary to 31/2 years in November 2015 on charges of possession of child pornography and internet luring, after admitting to contacting a nineyear-old girl in Virginia.

His internet contact with the Virginia girl occurred around the same time he is accused of exchanging emails with the Philadelphia teen.

Defence lawyers Kelsey Sitar and Sarah Rankin argued that sending their client to the U.S. to face similar allegations to those he faced in Canada would amount to an abuse of process.

They suggested that because Tyndall had already been charged, punished and rehabilitated for a similar crime, he should not be sent to the U.S. for the same purpose.

But Dilts said if Canada sought the extradition of an American in similar circumstances, the public’s perception of the administration of justice would be negatively affected if the request was denied for that reason.

She also noted Tyndall’s Canadian conviction had no relation to the Philadelphia teen.

“The agreed statement of facts (supporting his Calgary conviction) contains no mention of a 14-yearold victim,” the Court of Queen’s Bench judge said.

Dilts said her decision was solely to determine if a properly instructed jury could find Tyndall guilty based on the evidence.

“My role is not to determine guilt or innocence,” she said.

Sitar and Rankin also argued the evidence Calgary police gathered to support the U.S. charge was collected unlawfully, and that Dilts should stay the extradition application as a result.

But the judge said even though the warrantless search conducted of Tyndall’s internet records violated the accused’s Charter rights, the evidence is still admissible.

Dilts said the search by Det. Dean Jacobs occurred before the Supreme Court determined internet service providers could only turn over data under a judicial warrant.

Jacobs had contacted Telus after U.S. officials indicated the teen had been contacted, and the online exchanges were traced to Tyndall’s home.

Tyndall, who was free on bail but has been returned to custody, has 30 days to file an appeal.

According to the U.S. federal statute under which he is charged, the minimum punishment for internet luring is 10 years and the maximum is life.