A Lehigh County defense attorney says he and others are furious, after prosecutors in a major drug ring case asked a judge to skip over a standard part of the legal process.

The years-long investigation led to dozens now facing charges, including Lehigh County commissioner Zach Cole-Borghi.

“It has been three and a half months since his arrest and the prosecution is still cloaked in secrecy,” Gary Asteak, who serves as Cole-Borghi’s defense attorney, said.

A large, multi-state drug bust this past summer leaves 41 facing accusations, including Cole-Borghi.

Cole-Borghi’s defense attorney says prosecutors are throwing a wrench in his plans, asking the judge to bypass a preliminary hearing.

But Lehigh County District Attorney Gavin Holihan says prosecutors are trying to keep certain information confidential.

“I know some of the defendants and the defense attorneys are unhappy with the process,” Holihan said, “but the process is legal. It is following due process in our system.”

Holihan says a preliminary hearing could hurt the case, by revealing secret information to the public.

“We have people who are willing to come forward as confidential informants and give us information and testify under oath in front of a grand jury,” he said. “We’d like to protect them as much as we can.”

Of the 41 accused, a handful have not waived their preliminary hearings. County Commissioner Cole-Borghi is one of them. His attorney, Asteak, says the preliminary hearing is needed to test out evidence in a public forum, cross-examine witnesses and hear testimony.

“The law allows us a preliminary hearing,” Asteak said. “We should have one so the public and Zach’s constituents know exactly what he’s been accused of.”

Though Cole-Borghi is facing some charges, unlike most, he’s not accused with corrupt organizations or being a part of the criminal conspiracy. He is charged with possession of marijuana with the intent to deliver and possession of marijuana, which he has denied.

Asteak says the commissioner’s case is an “outlier,” and he argues it should not have been a part of the grand jury investigation.

He says he was counting on the preliminary hearing, to learn more information, and build up a case for his client.

“We don’t know who his accuser is, we don’t know what evidence, what witnesses the commonwealth has against him,” he said. “What do they have to hide?”

The commissioner, who also served as Bethlehem’s right-to-know officer up until the investigation unfolded has been serving the Lehigh County Board of Commissioners since 2021, and was re-elected to the position after his arrest, this past November. 

Another preliminary hearing is scheduled for January 16. While a date hasn’t yet been set for a hearing on the motion for an administrative bypass, Holihan says it should be decided by that time.