ALLENTOWN, Pa. - A Lehigh County judge will decide if the drug charges against a sitting Lehigh County commissioner will be handled separately from the dozens of other people charged in the case, while a county prosecutor said he intends to present additional charges.
Zachary Cole-Borghi, 35, of Bethlehem, is among roughly 40 people charged in a multistate drug network, and on Tuesday his attorney, Gary Asteak, argued that his case should have a preliminary hearing separate from the others charged.
Chief Deputy District Attorney Craig Scheetz told presiding Lehigh County Judge James Anthony that he intended to present additional charges, including conspiracy, against Cole-Borghi during a preliminary hearing in the matter. Cole-Borghi currently is charged with possession with intent to deliver and possession of a controlled substance.
Cole-Borghi was arrested and charged roughly six months ago, and since then few details have emerged in the case. The charges stemmed from a lengthy grand jury investigation, the exact details of which have not been made public. Prosecutors have said the findings should remain sealed for safety reasons.
The defendants were given the presentment in December but were ordered not to disseminate it.
New charges coming, prosecutor says
Several defendants have waived their right to a preliminary hearing, which is typically held in front of a district judge to determine if there is enough evidence to proceed to trial in county court. The DA's office attempted to bypass those hearings, but a Lehigh County judge denied that motion last month. A hearing for the remaining defendants, which has not yet been scheduled, is expected to take up to three weeks.
Asteak argued that Cole-Borghi's hearing should be separate because he was not part of the larger alleged operation.
"There was no connection to the criminal activity," he said.
But Scheetz disagreed with that, saying he intended on presenting new charges at the hearing. He said he is not limited to the evidence in the presentment.
He added there was a recorded phone call in which Cole-Borghi allegedly admitted to the offenses.
Charges largely unheard
The commissioner has maintained his innocence. Asteak has been critical of how the DA's office has handled the case against Cole-Borghi, claiming in court that the addition of charges was a "threat." He told the judge that the alleged drugs in question were never tested, and therefore could not be proven to be drugs.
Asteak also said the county commissioner, who lost his job as Bethlehem's Right-to-Know Law officer because of the charges, could not afford to have an attorney sit in a preliminary hearing for three weeks.
In the roughly half-year since Cole-Borghi was arrested, the public has not heard exactly what he has been charged with.
The Morning Call, lehighvalleylive and LehighValleyNews.com are trying to get the allegations unsealed. The three publications are represented by Reporters Committee for Freedom of the Press, which has filed a motion to intervene and unseal the findings.
Cole-Borghi, a Democrat, was elected in 2021 and reelected last year.