EASTON, Pa. — A Northampton County judge soon will decide whether to dismiss a case that became central to last month’s Northampton County district attorney primary election, and settle a debate between the candidates in the process.
- A Northampton County judge soon will decide whether a case that was key to the county's recent primary race for district attorney can move forward
- Whether the case can continue hinges on whether prosecutors ran afoul of state speedy trial laws, a point of contention in the primary
- A lawyer for the defendant also asked for the trial to be held outside Northampton County because of the attention it's gotten
Christopher Ferrante was charged in 2021 with delivering drugs that resulted in someone’s death by overdose.
His case became a major feature of last month’s Democratic primary for Northampton County District Attorney, as former judge Stephen Baratta attacked incumbent district attorney Terry Houck’s over how his office handled the case.
In the waning days of his campaign, Baratta predicted the case against Ferrante would be thrown out because of delays to his trial.
Much of Wednesday’s hearing dealt with the same issue, and county Judge John Morganelli soon will decide.
A campaign issue
The attention Ferrante's case attracted during the race may become an issue in an upcoming trial.
Ferrante’s lawyer, Gary Asteak, also asked the court to try his client outside of the county, arguing both candidates’ characterizations of the case could prejudice a jury.
Asteak told the court he subpoenaed both candidates to get data about campaign materials that referred to his client’s case.
He said Baratta turned over information on mailers he sent referencing his client. He said he served Houck with a subpoena on Tuesday; Houck said he doesn’t have the requested information.
After Baratta won the Democratic primary and Houck waged a successful write-in campaign in the Republican primary last month, the pair will face each other for a second time in the November general election.
How to count the time
Under Pennsylvania’s speedy trial law rule, known as rule 600, prosecutors have 365 days to hold a trial once charges are filed. However, not all time counts toward the one-year total, and determining exactly when time is up can get complicated.
By now, well over a year has passed since Ferrante’s indictment. For nearly 11 months, the case was in the hands of the state superior court awaiting a ruling: prosecutors asked to delay the trial, Morganelli declined, and the prosecution filed an appeal.
Whether the case moves forward hinges on whether the time the case was in the hands of the state superior court counts toward the 365-day limit.
Asteak argued it should, and asked Judge Morganelli to dismiss the case as a result.
“Isn’t it still excludable? Isn’t there case law that says” as much?Northampton County Judge John Morganelli
Northampton County Deputy District Attorney Patricia Turzyn and First Assistant District Attorney Richard Pepper — as did Houck during the campaign — argued the time should be excluded
Morganelli appeared skeptical of Asteak’s arguments.
“Isn’t it still excludable?” he asked Asteak. “Isn’t there case law that says” as much?
Morganelli showed more openness to whether the time between the start of the appeal and the original requested trial date — the delay the prosecution originally asked for and Morganelli rejected — should count toward the total.
Asteak argued that for rule 600 to mean anything, the time the case was on appeal must count toward its one-year limit. Pepper and Turzyn argued that for their right to appeal to mean anything, the time must not.
