Judge upholds most bail conditions for Daniel Lozada, teacher accused of emailing nude photo to student

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NORTHAMPTON — A Hampshire Superior Court judge ruled Tuesday that Daniel O. Lozada does not have to give investigators access to his electronic devices after his attorney argued that some of the conditions of his release were beyond the bounds of judicial authority.

Lozada, 33, of 13 Northampton St., Apt. H, Easthampton, pleaded not guilty Monday in Northampton District Court to a single count of disseminating obscene material to a minor. He is accused of sending a nude photo of himself to a 17-year-old female student at the Pioneer Valley Performing Arts Charter Public School, where he taught dance until being put on administrative leave after his arrest Friday.

Hampshire Superior Court Judge Mary-Lou Rup upheld a condition that Lozada have no contact with anyone under 18, though she threw out a requirement that he give authorities access and provide passwords to all electronics with Internet connections.

At Lozada’s arraignment Monday, Judge W. Michael Goggins ordered Lozada released on $250 cash bail under conditions that he not have any contact with children under 18.

Lozada’s attorney, David Mintz of Northampton, appealed, saying the conditions violated his client’s right to a presumption of innocence, and would prevent him from earning a living while the case is pending.

“Dancing and teaching is his life,” Mintz said in court.

Rup kept most of the conditions in place, saying they were appropriate under the circumstances.

Mintz asked Rup to allow Lozada to have supervised contact, which would allow him to continue teaching.

Assistant Northwestern District Attorney Linda Pisano argued against that, saying limiting interactions with young people is appropriate. She said about two weeks before his arrest, Lozada was questioned by police amid accusations that he met a 16-year-old girl in downtown, took her driving and kissed her. She also said Lozada’s girlfriend aired concerns about his fascination with “little girls.”

Mintz said such allegations outside of the case painted an unfair portrait of his client.

“(Pisano) is plowing this young man under the bus,” Mintz said, “portraying him as a serial predator is just flat-out wrong.”

Lozada also taught dance at three other facilities in the area, at least one of which formally dissolved its relationship with Lozada following his arrest.

He is due back in district court Jan. 10 for a pre-trial conference.