Bond revocation for former Somerset County 911 coordinator denied; new conditions

SOMERSET — A Somerset County trial judge denied the district attorney's request to revoke former local 911 coordinator Bradley Lavan's bond, but granted modifications.

The 30-year-old Somerset man is facing the following nearly 40 offenses at trial: Felonies endangering the welfare of children, corruption of minors, attempt indecent involuntary deviate sexual intercouse with child and involuntary deviate sexual intercourse with child; and misdemeanor indecent exposure.

Lavan's bail amount initially totaling $750,000 set Sept. 1 in five cases involved the aforementioned offenses related to allegations he sexually abused five children ranging in age from 3 to 6 years old. On Jan. 8, the bail was modified to $500,000 in response to a motion by Lavan's local attorney Patrick Svonavec of Somerset who called the bond "excessive" and "tantamount to no bond at all."

After the modification in the bail amount, Lavan bonded out two days later and is free awaiting trial.

What: Former Somerset County 911 coordinator faces child sexual assault offenses at trial

The alleged sexual abuse of the children began on or about Jan. 1, 2021, through on or about Jan. 26, 2023, according to court documents.

On Monday, President Judge Scott Bittner kept some of the initial conditions and added a few more as part of the modification that allied the prosecution's concerns.

One initial bail condition the judge reiterated in his modification that there would be no contact with any victims in these cases; there would be no contact with anyone under the age of 18 years, adding "without adult supervision."

Deputy District Attorney Christina DeMarco-Breeden, wrote in her motion that "the Commonwealth has fielded a myriad of phone calls from concerned citizens of this county who have seen the defendant in restaurants and other businesses throughout the county where children were present ..." She conceded that there have not been allegations that Lavan has been interacting with children.

What: Somerset County Commissioners name acting 911 coordinator, Lavan gone

The prosecution told Bittner that Lavan had been sighted using a Smartphone and perhaps using it to access the internet and asked that if the judge did not revoke his bond and remand him back to jail, to provide for more oversight on Lavan's use of all electronic devices.

Bittner had initially ordered that Lavan not to utilize any devices that would allow him to access the internet as one of the conditions for bail. However, Svonavec argued that because Lavan has counsel outside the state, one being Tonya Craft of Chattanooga, Tennessee, that it would be a "significant hardship." Additionally, Lavan said he need to look for a job outside of the county.

The judge then ordered that Lavan must wear an electronic monitor and may leave Somerset County only for "legitimate activities" such as seeking employment, communicating with counsel and mental health evaluations and treatment.

Meanwhile, Bittner ordered that Lavan must set up and pay for an App that falls under the Impulse Contact Act which would require adult probation to monitor his Internet use while seeking employment or communicating with his counselor.

Fifth amendment rights were also addressed in the modification.

Bittner agreed with the defense and revoked the bail condition that Lavan undergo and complete a pyscho-sexual assessment, which would have been a costly situation and one that would have violated Lavan's federal and state constitutional rights. For to undergo a psychosexual evaluation, Lavan would have to discuss the specific allegations in this case.

"Given that trial has yet to take place, defendant has an absolute constitutional right not to have to discuss the allegations in this case or to otherwise discuss othr matters which would infringe upon his rights against self-incrimination, in violation of the protection afforded the defendant under the Fifth Amendment to the U.S. Constitution and Article I, section 9, of the Pennsylvania Constitution," Svonavec wrote. Bittner agreed.

Lavan's next court appearance is scheduled for April 5 at the call of the trial list in the Somerset County Courthouse.

This article originally appeared on The Daily American: Bond revoke for former Somerset 911 coordinator denied, new conditions