Fortin
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WILKES-BARRE — Luzerne County Judge Joseph F. Sklarosky Jr. revoked bail for a Forty Fort man facing allegations he possessed hundreds of images and videos of child sexual abuse materials but not before admonishing the bail bonds company that posted bail.
David J. Fortin, 37, of Snowden Street, was arrested by detectives with Luzerne County and West Hazleton police on Nov. 23 charged with 500 counts of child pornography, 100 counts of dissemination of film of child sex acts and two counts of criminal use of communication facility.
Fortin was released from the county correctional facility Jan. 10 when he posted $300,000 bail through ABC Bail Bonds based in Milton.
Soon after Fortin’s release, Assistant District Attorney Carly A. Hislop filed a petition to revoke Fortin’s bail alleging violations of bail conditions.
In court Thursday, Hislop argued Fortin failed to have a Tamaqua address approved before his release, the residence has internet service and children are or may live at the Tamaqua address.
West Hazleton police Det. Cpl. Richard Naprava said in court he visited the Tamaqua address earlier this week where Fortin is residing and viewed children’s toys and two computers inside the residence with Internet access.
Fortin’s bail conditions include he must not reside with children and not reside in a house with Internet access.
Fortin’s attorney, Richard John Fuschino Jr., of Philadelphia, said Fortin made extreme efforts at complying with bail conditions to include electronic monitoring. The day after his release, Fuschino said Fortin called adult probation offices in Luzerne and Schuylkill counties to find out how to get an ankle bracelet.
What would have been a five-minute hearing under normal circumstances turned into a nearly hourlong proceeding as Sklarosky scolded the bail bonds company.
“I got a real problem with ABC Bail Bonds,” the judge said noting the bail bonds company posted bail but seemed to have failed to review and comply with Fortin’s bail conditions.
An official with ABC Bail Bonds attempted to explain they had no information about Fortin’s bail conditions until he was cut off by Sklarosky.
“You’re telling me you had no access to what the conditions were. That’s full of crap. That’s insulting,” Sklarosky said. “Don’t stand there and insult me. As far as I’m concerned, ABC shouldn’t post another bail in Luzerne County.”
Sklarosky revoked Fortin’s bail, resulting in Fortin being jailed at the county correctional facility, and ordered ABC Bail Bonds to return the surety bond to his mother. The judge did not forfeit the $300,000 bail, meaning the bail can be returned to ABC Bail Bonds.
A surety is normally seven to 10% of the bail amount charged by a bail bonds company to post bail.