ALLENTOWN, Pa. — Lehigh County prosecutors have asked a judge to skip standard court procedures in several cases tied to an alleged interstate drug ring, arguing that normal hearings would reveal secret information to the public.
Frustrated defense attorneys sounded off in the Lehigh County Courthouse on Wednesday as District Judge Todd Heffelfinger continued preliminary hearings for seven defendants — including Lehigh County Commissioner Zach Cole-Borghi.
Chief Deputy District Attorney Craig Scheetz filed a motion Tuesday afternoon for an administrative bypass.
The unusual step would allow charges to proceed directly to county court without the preliminary hearing typically held at the district court level. The hearings are the first opportunity for defendants to hear testimony about the case against them, and it's the first chance for defense attorneys to argue their clients' charges should be dismissed or reduced.
No date has been set for a hearing on the motion for an an administrative bypass.
In an interview after the hearings, Lehigh County District Attorney Gavin Holihan said his office wants to avoid the preliminary hearings. The public nature of the hearings would allow sensitive information to filter into the public, he said.
Most defendants charged in the ring have waived their right to a preliminary hearing, sending the case to county court, Holihan added.
"Frankly, these cases are starting to reek of the Star Chamber."Robert Sletvold, defense attorney
Grand jury case
The cases stem from a three-year grand jury investigation into two alleged clandestine drug labs in Lehigh County.
A spokeswoman for the Lehigh County District Attorney's Office said law enforcement have charged 41 people based off the grand jury's findings. Thirty nine of those defendants have been taken into custody. Many of them have since posted bail or been released.
But unlike most criminal proceedings, judges and prosecutors have withheld even basic information about the allegations in these cases. Three-and-a-half months after the charges were first announced and defendants were arrested, the affidavits of probable cause in the cases remain remain out of view of the public.
Even defendants sitting in jail since the summer hadn't seen what criminal activities they've been accused of.
At Wednesday's hearings, Scheetz gave defense attorneys a copy of the sealed grand jury presentment so they can begin preparing their clients' defenses. A court order bars attorneys and defendants from releasing the contents of the report to the public.
Defense objections
The disclosure did little to mollify the defense attorneys.
"Frankly, these cases are starting to reek of the Star Chamber," said attorney Robert Sletvold, referring to the notorious English court known for its secret proceedings and abuses of power.
His client, Nathaniel Santos-Moore of Allentown, has been held at Lehigh County Jail in lieu of $100,000 bail since Sept. 10.
Lehigh County prosecutors declined to identify the defendants in the past with one exception — Cole-Borghi. Holihan said he took that step to dismiss rumors that the elected official from Bethlehem played a key role in the alleged ring; Cole-Borhgi is the only known defendant not accused of being part of a criminal organization.
Cole-Borghi, 35, is charged with possession of marijuana with the intent to deliver and possession of marijuana. He has denied the charges.
Gary Asteak, Cole-Borghi's defense attorney, objected to prosecutors' bypass motion Wednesday. As a public official, Cole-Borghi is under greater public scrutiny than other defendants but still had no idea what he's been accused of doing, Asteak argued. He questioned whether the proceedings to date meet the basic rights spelled out in the Pennsylvania Constitution.
'Kafkaesque experience'
Even after reviewing the grand jury presentment, the court order means Cole-Borghi can't even tell his wife what he's accused of doing, let alone his constituents, Asteak said.
"This has been a Kafkaesque experience for Zach since his arrest on August 28. He was served with a criminal complaint that cites neither when, where, how or why he did what he is alleged to have done," Asteak said.
"I have been doing this for over 50 years, and I have never seen anything like this in either Lehigh or Northampton counties," he added.
While in court, prosecutors served a livid Cole-Borghi with a new search warrant, seizing his cell phone. Authorities previously seized a different phone back in August. Holihan said the search warrant addressed new information but that prosecutors still believe he was not an integral part of the alleged drug ring.
Holihan defended his office's handling of the cases and the secretive measures prosecutors have used. Every step has been approved by a judge and meets legal standards, he said.
"Those statements are intended for the media rather than being based on reality," Holihan said when informed of Asteak's and Sletvold's objections.
He declined to say why his team is withholding details about the case, saying that would reveal the information he is trying to protect.
Unknown defendants remain
Defense attorneys aren't the only ones who have objected to the secretive nature of the charges.
Lehighvalleylive.com, LehighValleyNews.com and The Morning Call previously filed a motion of intervention, arguing the court had not filed the related criminal dockets as required by the Pennsylvania Constitution.
Lehigh County Judge Thomas Caffrey agreed, ordering last month that the dockets be made public.
The order allowed journalists to identify 32 defendants tied to the case, but the key documents remain beyond the public's reach. The affidavits of probable cause refer to the grand jury presentment, which remain under seal by court order.
Prosecutors' revelation that there are now 41 defendants means several cases haven't been publicly scrutinized.
The Reporters Committee for Freedom of the Press is representing the three Lehigh Valley media outlets in the effort to unseal court records.
