WILKES-BARRE – The freedom of a man facing sexual assault charges in Luzerne County and Michigan was cut short Thursday.
David Zarn, 46, of Wright Township, was able to post 10 percent of a $50,000 bail amount – reduced from $100,000 Wednesday by Luzerne County Judge Lesa Gelb – and released from the county prison around 1 p.m.
But, prosecutors, who fought to have the bail amount remain the same at a hearing they were notified of after short notice Wednesday, successfully argued in court papers filed early Thursday to have Zarn returned to jail.
Then, county Judge David Lupas signed an order at 9:45 a.m. Thursday throwing out Gelb’s bail reduction ruling and ordering Zarn to be held at the county prison without bail.
Zarn was back at the Luzerne County Correctional Facility later Thursday. Authorities from Michigan were scheduled to transport Zarn to Detroit today to face charges because Zarn waived an extradition hearing. But, Zarn’s visit to Michigan won’t happen until after a hearing scheduled for 8:45 a.m. Monday.
Zarn’s attorney, Joseph Sklarosky Sr., filed a request to withdraw the waiver of the extradition hearing Thursday afternoon.
The bail issue began around 10:30 a.m. Wednesday when Sklarosky filed a petition requesting the bail reduction.
“David Zarn is innocent of all these charges both in Pennsylvania and Michigan and intends to vigorously defend against such false charges,” Sklarosky wrote. Sklarosky stated the charges were “vicious and bogus.”
Judge Thomas Burke scheduled a hearing for noon Wednesday before Gelb.
Prosecutors wrote in their Thursday filing that because the hearing was scheduled on such short notice, the prosecutor and detective in the case could not attend and prosecutors did not have time to respond to the filing.
First Assistant District Attorney Samuel Sanguedolce appeared at the hearing where he requested a continuance of the hearing, which was denied by Gelb. Gelb reduced Zarn’s bail, imposing a number of conditions, and a bail bondsman was present to post Zarn’s bail.
Sanguedolce and Deputy District Attorney Alexis Falvello wrote in their Thursday filing that Zarn faces a possible sentence of life in jail on the Michigan charges.
“Pursuant to Pennsylvania law, (Zarn) is not entitled to bail with respect to the extradition matter,” the prosecutors wrote.
In a criminal complaint outlining the charges Zarn faces in Michigan included in the prosecutors filing, Zarn allegedly sexually assaulted two girls between 2002 and 2006 in Detroit.
Wright Township police and county detectives allege Zarn sexually assaulted the same two girls repeatedly, charging Zarn in October.