EASTON, Pa. — A contested court case that's wormed its way to the center of the heated Northampton County district attorney race will soon head to trial.
The Pennsylvania Superior Court ruled Friday that Northampton County Judge John Morganelli did not abuse his authority when he refused to push back the trial of Christopher Ferrante. The 43-year-old Macungie man is accused of delivering a cocktail of drugs that led 26-year-old Michael Racciato to fatally overdose on Christmas 2020.
- A Pennsylvania Superior Court ruling Friday clears the way for Christopher Ferrante to head to trial
- The 43-year-old Macungie man is accused of dealing drugs that lead to the overdose death of Michael Racciato on Christmas 2020
- Delays in the trial have become fodder for political ads in the race between District Attorney Terry Houck and challenger Stephen Baratta
A lengthy appeal process pushed the trial back even longer than what prosecutors initially sought. Morganelli determined the delay violated Ferrante's right to a speedy trial and reduced his $250,000 cash bail to $1 in August. Ferrante was released from Northampton County Prison six months ago, court records show.
The case has taken on political tones this year. Stephen Baratta, a retired Northampton County judge running for district attorney, has accused incumbent Terry Houck of mismanaging the office. He has repeatedly pointed to the Ferrante case as proof, bringing it up during a LehighValleyNews.com televised debate between the two candidates and featuring the case on a political mailer sent to voters earlier this year.
"Due to DA Terry Houck's incompetence, an accused drug dealer is now free to continue selling fentanyl and will likely never face a jury to answer for the death of one of Pen Argyl's finest," the mailer read.
We are ready to go. We could do it at midnight.Northampton County District Attorney Terry Houck
Houck has rejected the argument, saying Baratta is mischaracterizing the facts. Ferrante is under court supervision and must wear a remote monitor to track his movements, he said at the debate. Houck said his prosecutors are prepared to bring the case before a jury.
"We are ready to go. We could do it at midnight," Houck said.
Court documents show a new trial date has not been set. Parties in court cases generally have 30 days to appeal a decision, making it unlikely the trial takes place before voters head to the polls on May 16.
Ferrante is charged with drug delivery resulting in death and six lesser, related charges. He faces up to 20 years in state prison if convicted.
Court documents show Ferrante was scheduled to head to trial June 1, 2022 after Morganelli granted both sides continuances. However, the district attorney's office switched prosecutors in the middle of May 2022 and requested another delay. While forensic pathologist Zhongxue Hua, who performed Raccione's autopsy, was prepared to testify about the cause of death, First Assistant District Attorney Richard Pepper told the court his office had struggled to get an expert toxicologist to testify about the drugs found in the victim's system.
When Pepper was unable to explain why his office failed to get a second expert after a two-month period, Morganelli rejected the request, court documents show.
"The Commonwealth did not exercise due diligence," Morganelli wrote in his order denying the continuance. "Due diligence requires at least an attempted effort."
While Morganelli has not taken a public stance on the race between Baratta and Houck, his influence has hung over it. Before being sworn in as a judge in January 2022, he was district attorney for 28 years, making him the longest serving DA in county history. At different points in time, Baratta and Houck each served as his top lieutenant in his office.
Morganelli also took the unusual step of issuing a news release noting the Superior Court's ruling in the Ferrante case. While judges are sometimes involved in announcing a new court program or initiative, it is highly unusual for them to issue a release about an individual case.
Judge John M. Morganelli by LVNewsdotcom on Scribd
Baratta and Houck will appear on Democratic ballot in the May 16 primary. There is no candidate in the Republican primary, but Houck has acknowledged he is mounting a write-in campaign for the GOP nomination.
