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Monroe man headed for court on sexual assault charge

Published April 28. 2011 05:00PM

A Monroe County man charged with the sexual assault of a girl is headed to Carbon County Court.

Andrew Bertalan II, 20, of Blakeslee, was granted a waiver to pretrial by District Judge Bruce Appleton of Palmerton on Wednesday.

Bertalan faces 11 charges related to statutory sexual assault, aggravated indecent assault, sexual abuse of children, criminal use of communication facility, and corruption of minors.

He is scheduled to go before the Carbon County Court of Common Pleas at 9 a.m. June 21. He remains free in lieu of $50,000 bail, unsecured.

According to the affidavit of probable cause filed by Trooper Nicolas De La Iglesia of the Pennsylvania State Police:

On Jan. 31, the victim reported to Corporal Shawn Noonan that she had been dating Bertalan from Oct. through Dec. 2010, according to the affidavit.

While dating Bertalan, she engaged in sexual acts with him, the affidavit says. She reported that Bertalan had also photographed her during sexual acts.

On Feb. 3, Noonan and De La Iglesia interviewed the victim, who related that Bertalan was aware of her age during their relationship.

She related that he had attended her 15th birthday, and knew that she was in the ninth grade. She went on to relate she and Bertalan had a sexual relationship, which consisted of multiple occasions of digital penetration, her performing sexual acts on him, and he performing sexual acts on her, as well as vaginal penetration with his private parts.

She related that the sexual acts occurred at her residence, at Bertalan's grandfather's residence.

On March 29, De La Iglesia interviewed Bertalan at Pennsylvania State Police Fern Ridge, at which time he admitted dating the victim and having a sexual relationship.

He related that he was unaware of the victim's age, and further related that they performed oral sex on each other at the victim's residence and his grandfather's residence. He provided his grandfather's address.

Bertalan initially denied taking nude photographs of the victim, but then related that he did take two or three photographs of the victim with a cellphone, while she was topless during a sexual encounter.

Bertalan provided two non-custodial written statements during this interview, relating the above information. He also related that he had destroyed the cellphone which he used to photograph the victim.

On March 29, Bertalan reviewed a Pennsylvania State Police Waiver of Rights and Consent to Search form, and voluntarily consented to a search of his residence for the cellphone he utilized to photograph the victim.

Bertalan provided De La Iglesia with a black cellphone, which appeared consistent with his description and the victim's description of the cellphone utilized to photograph the victim.

The two non-custodial statements and the cellphone were entered into evidence at Pennsylvania State Police Lehighton.

It should be noted that both the victim's residence, and Bertalan's grandfather's residence are located within Lower Towamensing Township.

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