Judge revokes bail for man convicted in child porn case
Holpit awaits sentencing on nearly 80 counts
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HOLLIDAYSBURG -- A former Tyrone man scheduled for sentencing March 15 on nearly 80 counts of child pornography offenses will remain in the Blair County Prison because he failed to comply with bail conditions forbidding internet usage.
Senior Judge Timothy M. Sullivan on Thursday revoked bail and ordered Andrew P. Holpit Jr., 26, to remain incarcerated after concluding that Holpit was notified of the bail condition and violated it.
Defense attorney Kristen Anastasi tried to convince Sullivan to allow Holpit to stay out of prison pending sentence by pointing out that he used the internet only to access banking and medical information.
Anastasi also tried to convince Sullivan that when Holpit was arrested in April 2022, he signed a typed document listing bail conditions. Because the document had a handwritten notification forbidding internet access, Anastasi suggested that condition was added after Holpit signed.
First Assistant District Attorney Nichole Smith asked Sullivan to reject those arguments and named four times that Holpit was advised in court or by probation officers that his bail conditions forbid internet access.
That would include his August appearance in county court, where Holpit pleaded guilty to 39 counts of child pornography possession, 39 counts of copying obscene material and one count of criminal use of a communications device.
After accepting the pleas, President Judge Elizabeth Doyle agreed that Holpit, who had been out of jail on unsecured bail, could remain out of jail pending sentence, as long as he continued to comply with bail conditions. Upon hearing that Holpit was homeless, Doyle said he could temporarily move to Florida to live with a relative, but warned Holpit that he could be ordered to return at any time.
Court documents indicate that Holpit never moved to Florida and that he was living in Blair County in December, when staff with a local mental health agency learned that he had arranged for internet access. When questioned, they said Holpit responded: "Not having internet is not humane."
Shawn McMahon, a treatment supervisor for the agency, told Sullivan that Holpit's internet access was reported to the county parole and probation office.
"We saw a potential risk ... because there is a lot of concern about the charges he's facing," McMahon testified before Sullivan. "(Access to the internet) is like giving him a weapon."
On cross examination, Anastasi asked McMahon if Holpit physically harmed anyone and McMahon answered no.
In arguing on Holpit's behalf, Anastasi told Sullivan: "This is someone who has substantially complied with bail conditions."
In asking Sullivan to revoke Holpit's bail, Smith stressed that Holpit has already admitted to his crimes. The videos and images found on his cellphone show sexually abusive acts involving young children, toddlers and infants.
Holpit's charges, filed by state police at Hollidaysburg, developed after Snapchat contacted the National Center for Exploited Children and advised that in July 2021, child pornography was uploaded and shared at a Tyrone residence. Police, using the center's information, tracked the activity to Holpit, who was then living in Tyrone.
Criminal charges indicate that Holpit told police that he was not actively searching for child pornography but found it while looking for "regular porn."
Mirror Staff Writer Kay
Stephens is at 814-946-7456.