Judge drops bail from $200,000 to $50,000
James Edward Ertell, 35, of Ambler, who has been sitting in county prison since May on aggravated assault charges, was at risk for losing his job and had no other way to make bail than to continue working.
Ertell, through defense attorney Michael Diamondstein on Monday, asked a Montgomery County judge to reduce his bail from $200,000 so he could get out of county prison and return to work.
Ertell, a tow truck company employee, is charged with twice sexually assaulting an Upper Mooreland woman while she lay sleeping next to her boyfriend on March 19.
County prosecutor Ted Barry argued against the bail reduction, but Judge Maurino Rossanese on Monday ordered it be dropped to $50,000. Ertell, of that 200 block of East Park Avenue, now has to come up with 10 percent of that, $5,000.
“We’re happy with the judge’s decision,” Diamondstein said. “My client looks forward to vindicating himself when he goes to trial.”
Ertell awaits a Sept. 1 arraignment in Montgomery County court so his trial date can be set.
The county District Attorney’s office has lodged two counts each of aggravated indecent assault and indecent assault against Ertell stemming from the alleged March incident.
Ertell has been in county prison since his preliminary arraignment and preliminary hearing in May before Hatboro District Justice Paul Leo.
Ertell was arrested after the Upper Mooreland woman told police she was sexually assaulted by him in her apartment.
Ertell, who had been a friend of the woman and her boyfriend, reportedly had been invited to spend the evening with them at her Upper Mooreland apartment, according to an Upper Mooreland police criminal complaint.
The woman said Ertell began “hitting on her” throughout the night on March 18, kissing her on the neck several times and putting his arm around her.
Eventually, the woman and her boyfriend retired to the bedroom for the night and Ertell reportedly was staying in another room.
The woman claims she discovered Ertell fondling her after she had fallen asleep, and when she attempted to wake her boyfriend, Ertell ran from the bedroom.
The woman claims she fell back to sleep and was later awakened to find her panties had been pulled down and Ertell was assaulting her again.
“I guess the Judge felt that reducing the bail to $50,000 was enough to get him to appear,” Barry said.
In 1995, Ertell plead guilty to charges of indecent exposure, open lewdness, harassment and disorderly conduct for exposing himself to a female pedestrian while he was driving his car through the parking lot of the Willow Grove Mall.
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