ALLENTOWN, Pa. — A Lehigh County judge ordered that dozens of sealed court dockets tied to an interstate drug ring be opened to the public, saying most should have been unsealed weeks ago.
Judge Thomas Caffrey said he was unaware that the dockets hadn't been made part of the public record until three Lehigh Valley media outlets — lehighvalleylive.com, LehighValleyNews.com and The Morning Call — petitioned the court to intervene.
Represented by the Reporters Committee For Freedom of the Press (RCFP), the media groups argued the court was violating the First Amendment and the Pennsylvania Constitution by keeping the records secret.
The dockets, Caffrey said Tuesday, should have been unsealed weeks ago.
In public remarks from the bench, he said he would convene with Lehigh County's other criminal court judges to review the court's internal processes.
"This is an important matter, and the integrity of this court is important to me and the other judges who sit on the bench," Caffrey said.
"This is an important matter, and the integrity of this court is important to me and the other judges who sit on the bench."Lehigh County Judge Thomas Caffrey
Paula Knudsen Burke, the RCFP attorney representing the news organizations, called open court records a bedrock of the American justice system. The U.S. Supreme Court has noted the nation has a distrust of secret proceedings, which pose an inherent danger to freedom, she said.
"Today's consent order marks significant progress in tipping the scales of justice back to the presumption of openness," Burke said Tuesday. "After more than two months in the dark, the public now has access to the names, charges, and basic docket information for these arrests."
Allegations of an interstate drug ring
In August, Lehigh County District Attorney Gavin Holihan announced that authorities had arrested 22 people following a three-year grand jury investigation into an interstate drug ring.
Police destroyed two clandestine drug labs and seized $100,000 in cash; cryptocurrency; at least 25 firearms, including ghost guns and semi-automatic rifles; 2,000 pounds of marijuana; THC liquid; cocaine; and MDMA pills, also known as molly, he said.
But he and his office revealed few other details about the case over time, saying the investigation remained ongoing. Holihan declined to explain why the charges remained sealed, saying that an explanation would reveal critical information.
The only defendant he publicly acknowledged was Lehigh County Commissioner Zach Cole-Borghi, who was arrested in front of dozens of witnesses while working at Bethlehem City Hall, where he was the city's open records officer.
Holihan said he identified Cole-Borghi only to dispel rumors that Cole-Borghi played a prominent role in the criminal operation.
Holihan's office consented to Caffrey's order, noting the office had not requested they be sealed to this point.
"It was not our office that sealed those records, so we have no opposition to them being released," he said following Tuesday's hearing.
Cole-Borghi is charged with possessing a pound of marijuana and possession with the intent to deliver while other defendants face RICO charges, Holihan said.
Cole-Borghi has denied any wrongdoing and is no longer employed by the city. He's been released on $50,000 bail; unlike other defendants, prosecutors did not require that he prove the bail money was legally obtained.
Cole-Borghi, who was seeking another term as commissioner, was re-elected in the Nov. 4 municipal general election.
As of Tuesday evening, court officials had not released the affidavit of probable cause outlining the evidence police have collected against him. A Democrat, Cole-Borghi captured nearly 70% of the vote in the county's District 3 commissioner race.
Months after Holihan's announcement, Cole-Borghi and attorneys representing other defendants said they were still waiting to receive basic information about the charges against them.
Some of them have been held at the Lehigh County Jail since their arrests.
Questions remain
It was not immediately clear what new details Caffrey's order will unveil regarding the investigation. Caffrey issued his order shortly before 4:30 p.m. Tuesday, when magisterial district offices close.
While Caffrey has ruled the dockets should be made public, portions of them may still be sealed under court orders tied to the grand jury. While whole dockets cannot be blocked off from the public, judges can order that sensitive information be kept under wraps indefinitely or until specific conditions are met.
The three media outlets have previously identified 16 known defendants, including Cole-Borghi and Luis Beltre, a New Jersey man who was extradited to Lehigh County from the Dominican Republic.
Following the court order, the media groups are now aware of 32 defendants facing charges. None of their affidavits of probable cause was available prior to Caffrey's order.
Previously unknown defendants include:
- Joshua Blumenthal, 25, of Philadelphia, is charged with possession with the intent to deliver and charges related to organized crime and racketeering. He's been released after posting a $100,000 bond.
- Stefhon Buchanan, 28, of Allentown, is charged with possession with the intent to deliver, conspiracy to commit possession with the intent to deliver, dealing in the proceeds of unlawful activities, conspiracy to commit dealing in the proceeds of unlawful activities and charges related to organized crime and racketeering. He has been released after posting a $200,000 bond.
- Kayla Carnes, 32, of Fountain Hill, is charged with dealing in proceeds of unlawful activities, possession with the intent to deliver and other charges related to organized crime and racketeering. She has been released on unsecured bail.
- Apherny Corneil Rodriguez, 23, of Allentown, is charged with possession with the intent to deliver and other charges related to organized crime and racketeering. She's been released on bail after posting a $50,000 bond.
- Shenique Leslie, 27, of Allentown, is charged with possession with the intent to deliver and charges related to organized crime and racketeering. She is being held at the Lehigh County Jail in lieu of $250,000 bail.
- Alex Noctor, 31, of Hellertown, is charged with possession with the intent to deliver, conspiracy to commit possession with the intent to deliver, dealing in the proceeds of unlawful activities, conspiracy to commit dealing in the proceeds of unlawful activities and charges related to organized crime and racketeering. He's been released after posting $5,000 cash.
- Joseph Rosario, 30, of Upper Macungie Township, is charged with possession with the intent to deliver, dealing in the proceeds of unlawful activities, conspiracy to commit dealing in the proceeds of unlawful activities and charges related to organized crime and racketeering. He is being held at Lehigh County Jail in lieu of $750,000 bail.
- Nathaniel Santos-Moore, 29, of Allentown, is charged with possession with the intent to deliver, conspiracy to commit possession with the intent to deliver and other charges related to organized crime and racketeering. He is being held at the Lehigh County Jail in lieu of $100,000 bail.
- Quadeen Smith, 28, of Monroe County, is charged with dealing in the proceeds of unlawful activities, conspiracy to commit dealing in the proceeds of unlawful activities, possessing instruments of a crime and other charges related to organized crime and racketeering. He's been released after posting a $50,000 bond.
- Tyanna Sommers, 28, of Upper Macungie Township, is charged with dealing in the proceeds of unlawful activities, conspiracy to commit dealing in the proceeds of unlawful activities and charges related to organized crime and racketeering. She has been released after posting a $50,000 bond.
- Edgardo Torres, 32, of Allentown, is charged with possession with the intent to deliver and other charges related to organized crime and racketeering. He is being held at the Lehigh County Jail in lieu of $100,000 bail.
- Shah Urvish, 46, of Hanover Township, Northampton County, is charged with possession with the intent to deliver, dealing in the proceeds of unlawful activities and charges related to organized crime and racketeering. Urvish has been released after posting a $250,000 bond.
- Givoni Virgo, 34, of Allentown, is charged with dealing in proceeds of unlawful activities, conspiracy to commit dealing in proceeds of unlawful activities, possession with the intent to deliver and charges related to organized crime and racketeering. He is being held at the Lehigh County Jail in lieu of $1 million.
- Chad Wiener, 29, of Philadelphia, is charged with possession with the intent to deliver, dealing in the proceeds of unlawful activities, conspiracy to commit dealing in the proceeds of unlawful activities and charges related to organized crime and racketeering. He has been released after posting a $250,000 bond.
- Diane Young, 43, of Bucks County, is charged with possession with the intent to deliver, conspiracy to commit conspiracy with the intent to deliver and charges related to organized crime and racketeering. She's been released after posting a $100,000 bond.
- Anthony Zuzio, 44, of Allentown, is charged with possession with the intent to deliver, conspiracy to commit possession with the intent to deliver and charges related to organized crime and racketeering. He is being held at the Lehigh County Jail in lieu of $250,000 bail.
