In Norco DA primary, it’s seasoned incumbent vs. seasoned judge
Democrat Terry Houck is seeking second term; former judge Stephen Baratta wants to unseat him
Two seasoned attorneys with nearly 90 years of law enforcement and legal experience between them will face off in the Democratic primary for district attorney in Northampton County.
Incumbent Terry Houck, 67, is seeking his second four-year term. His opponent is former Northampton County Judge Stephen Baratta, 66. No Republicans are running in the May 16 primary. Houck said he will run a write-in campaign for the Republican nomination.
Both served as first assistant district attorney under former DA John Morganelli, now a county judge.
In his first term as district attorney, Houck launched a number of initiatives, including expanding the drug task force into a full-time operation, starting a major crimes task force, organizing a support group for secondary victims of homicides, and expanding community outreach.
“This is much more than a job to me; it is who I am to my very core,” he said.
From his view on the bench, Baratta said, ”I saw a need for change. I was troubled by what was going on in the DA’s office,” So he retired in December to seek election.
Baratta has taken an offensive stance, holding press conferences and mailing fliers to highlight his concerns, which include Houck’s handling of cases, staffing and First Assist District Attorney Richard Pepper’s part-time civil law work.
Houck said Baratta is basing his accusations on misinformation and lack of understanding on the role of the district attorney’s office. He said some of Baratta’s proposed initiatives are already in place.
“He doesn’t know what he is talking about,” said Houck.
Houck said Baratta is running for the job to pad his judicial pension.
Baratta said he didn’t serve as a judge for 30 years, which is required to receive a full pension. “In the long run it cost me an awful lot of money on my pension,” he said.
Following are profiles of the candidates and campaign issues drawn from interviews, campaign websites, government data, newspaper articles and other sources.
Terry Houck
Background
Houck grew up in Philadelphia in a family of nine children. He graduated from the Philadelphia Police Academy in 1977 and was a street and plain-clothes officer for nine years.
While working nights, he earned a bachelor’s degree in criminal justice from LaSalle University, a master’s degree in human organization science from Villanova University and a law degree from Temple University.
In 1986, Houck was hired as an assistant district attorney in Bucks County where he later became chief deputy district attorney.
In 2002, he joined the Lehigh County District Attorney's Office as a chief deputy district attorney.
Four years later, he became Northampton County’s full-time first assistant district attorney, overseeing all specialized units and staff, including child abuse/sex offense, violent crimes, DUI, grand jury, narcotics and forfeiture, white collar, juvenile, appellate and domestic violence units.
His cases included the 2018 conviction of Daniel Clay, who shot a state police Cpl. Seth Kelly after he and trooper Ryan Seiple pulled him over a traffic stop.
Houck lives in Forks Township with his wife Linda. The couple has two daughters, a son-in-law and one granddaughter.
Foray into politics
Houck ran unsuccessfully for district attorney in Bucks County in 2001 and 2005 against then-incumbent Republican Diane Gibbons. Houck was terminated from the DA’s office after he announced his first run against her.
In 2019, Houck ran for district attorney when incumbent Morganelli, a Democrat, opted to run for judge after serving 28 years as DA.
In the primary, Houck faced Nuria DiLuzio, defeating her with 69.76% of the vote. In the fall, he defeated Republican Tom Carroll with 55.5% of the vote.
Time in office
Houck, who earns $211,495 a year, oversees an office with 21 staff attorneys, seven detectives and 17 staff members.
In 2021, the latest year for state statistics, Northampton County processed 3,539 criminal cases. The DA’s office saw 62.5% of its criminal cases ending in a guilty plea and 22.8% receiving a diversionary disposition. Statewide, guilty pleas were slightly higher at 64.9% while diversionary dispositions were lower at 15.7%.
In addition, 10.5% were listed as inactive, 3.2 percent were withdrawn or dismissed and slightly more than 1% involved a jury trial, a non-jury trial or other disposition.
Houck himself handles some cases, saying “you must lead by example.”
Cases included the trial of Jacob Holmes, who was convicted in December 2020 in the revenge shooting death of Miguel Aponte Jr., in 2009 in an Easton bar.
He also handled the case of Drew Rose, a former caretaker who pleaded guilty in 2021 to the 2019 robbery and slayings of Virgina Houck, 97, and her son Roger Houck, 61, in Palmer Township. Houck was not related to the mother and son.
Initiatives
As a district attorney, Houck said, “You must dedicate your life to advocating for victims and for justice. That is why this is more than just a job to me; it is who I am and what I have dedicated my life to. It is why I humbly believe I deserve to be reelected.”
His initiative since taking office include:
Drug task force: Houck turned the county’s drug task force, composed of police officers from throughout the county, into a full-time operation. From its inception in June through Dec. 31, he said, the task force made 43 arrests, seized six motor vehicles, 17 firearms and more than $120,000 in cash. The arrests led to the confiscation of 108 grams of cocaine, 1.28 ounces of fentanyl, including 38 pills, more than 30 pounds of marijuana, 35 ounces of methamphetamine, eight grams of crack cocaine and 70 doses of amphetamines.
Houck said he joined a lawsuit filed by other Pennsylvania counties against opioid manufactures and received $2.1 million. The money is being used for drug abatement programs, including a fentanyl awareness program.
Major crimes: In January 2023, he created the county’s first major crimes task force with 42 officers from county police departments. It operates on a standby basis to help in mass events and aid small police departments.
Diversionary programs: He expanded the diversionary programs to include nonviolent, first-time felony offenders with a goal of separating offenders who need incarceration from those who need treatment. The programs, which include Accelerated Rehabilitative Disposition (ARD) and the drug and mental health courts, seek to keep offenders out of prison if they seek treatment and follow other directives.
Homicide support group: Houck established a support group for secondary victims of homicides such as relatives of people who were murdered. The group meets on the first Tuesday of the month. He also expanded his office’s victims unit to three people.
Marijuana: Houck said first-offense cases involving small amounts of marijuana for personal use are routinely routed into Accelerated Rehabilitative Disposition (ARD). Thus, offenders do not have a criminal record. He said his office accepts Bethlehem’s local ordinance making the offense a summary. He said no one is in jail for the lone offense of a small amount of marijuana, but typically such offenders have been charged with other offenses as well.
Child advocacy center: He joined Lehigh County’s John Van Brakle Child Advocacy Center, located at Lehigh Valley Hospital-Allentown, to provide a safe space for children to be interviewed in cases of suspected abuse. Houck said his goal is for the county to have its own hospital-based center.
Community outreach: Houck hired a public relations administrator to help his office improve community outreach. Staff members have spoken to community and school groups about the juvenile justice system, cyberbullying and social media, among other topics. His office held a gun buyback program in Bethlehem and Bethlehem Township, where more than 300 firearms, including semi-automatic rifles, and hundreds of pounds of ammunition were turned in. Another gun buyback was held on April 15 in Lower Saucon Township and Northampton Borough.
Pardon Project: Houck said he is initiating a Pardon Project, where a team made up of representatives from probation, his office and the community will review letters of request for pardons with a goal of helping him make informed opinions that he can give to the state Board of Pardons on such requests.
Stephen Baratta
Background
Baratta, 66, graduated from Bangor Area High School in 1974 and then earned a bachelor’s degree four years later from Lafayette College. He earned a law degree from Fordham University School of Law in 1981, the same year he began private practice in Easton. His late father Renald Baratta was a criminal defense attorney.
Baratta served as solicitor for Northampton County Children & Youth Services from 1985-90. He was county solicitor from 1990-92. Baratta moved to the district attorney’s office in 1992, where he spent five years as the first assistant district attorney, which was then a part-time post.
His first major case, in which he assisted Morganelli, was the conviction of Christopher Bissey, 19, in the 1995 shooting deaths of Mary Orlando, 15, and her friend Jennifer Grider, 17, at Lehigh University’s overlook.
Baratta and his wife Margot live in Bethlehem and have three grown children and two grandchildren.
Foray into politics
In 1997, Baratta ran for judge for Northampton County Court of Common Pleas where he was among seven candidates who cross-filed in the primary election. “It was an opportunity that just fell into my lap,” he said. “No one was expecting a new judgeship.”
In the 1997 November election, Baratta faced Republican Edward Smith, who was later elected to the county bench and then appointed to the U.S. District Court of Eastern Pennsylvania.
Baratta successfully ran for a 10-year retention in 2007 and 2017.
He served as president judge from 2013-18, maintaining a full caseload as he oversaw operations.
In his last 15 years on the bench, he was the administrative judge of juvenile court, duties that included overseeing the Juvenile Justice Center. He also has served as administrative judge to domestic relations, the asbestos docket, criminal court and custody court.
Among his cases, he presided over a 2011 legal dispute involving the potential sale of the county-owned Gracedale nursing home. “I prevented the sale of Gracedale,” he said.
He also presided over a 2018 dispute over ownership of First Presbyterian Church of Bethlehem.
Baratta retired as judge in December with five years left on his term. He announced his candidacy for district attorney in January.
He said he plans to become involved in trying cases as DA.
Proposed initiatives
Baratta said he is running because he thinks he can make changes that will make the system better for all, including expanding diversionary programs, having a policy of fair treatment, decriminalizing marijuana and advocating for more no-bail cases.
“I’m blessed to be healthy. I still feel like I am at the top of my game. I’m energetic,” he said.
Drug and mental health courts: Baratta wants to expand use of Northampton County’s drug and mental health courts, which he said he helped create.
Opioids: Saying the opioid problem has gotten worse under Houck, Baratta said he wants to use drug forfeiture money and money from the opioid settlement with pharmaceutical companies for a prison treatment program. He also wants the county council to help pay for it too. “People go in broken, they are detained and isolated and they are released in the same condition.”
Marijuana charges: Baratta wants to treat possession of small amounts of marijuana meant for personal use as a summary offense. With a misdemeanor charge, he said, people “can’t get student loans, they have difficulty getting into the Marine Corps. They might have trouble getting a job.”
Bail: Baratta believes that too many economically disadvantaged people who are charged with low-level crimes are languishing in jail because they can’t make bail. He said they often plead guilty to end their time in jail and get sentenced to time served. Baratta said he would have a policy of advocating for no bail to Pretrial Services in such cases.
Community outreach and transparency: He wants to have a drug education program in every Northampton County high school and use money from the drug forfeiture fund to develop community policing-neighborhood programs.
Campaign issues
First Assistant District Attorney Richard Pepper: Baratta filed a 65-page request for an investigation of Pepper’s private civil work with county officials and the Administrative Office of Pennsylvania Courts. He said the county’s Home Rule Charter prevents Pepper, whose county annual salary is $141,391, from doing so. (Armchair Lehigh Valley has filed a Right to Know request with Northampton County seeking clarification on this but has yet to get a response.)
“He is full time but only works part time {for the DA} and has a thriving practice. No other first assistant DA does that. I think it is unethical,” Baratta said.
Houck defended his approval of Pepper’s outside work.
“He can’t do anything that conflicts with his work for the county,” Houck said.
Houck said Pepper, whose law career extends 45 years, puts in at least 50 hours a week for the DA’s office and is allowed to request vacation time.
“I couldn’t think of a better person to be first assistant,” he said.
Houck said at least two assistant district attorneys have part-time jobs, though not as lawyers.
Staffing: Baratta said Houck’s management style has led to “significant” staff turnover. Houck disputed that characterization. He said many places saw employees leave during the pandemic. He said the ADAs who left his office all did so for higher pay or better hours for their families. Assistant district attorneys earn $65,535 to $102,597 annually, Houck said.
Case dispositions: Baratta outlined three cases that he thinks show Houck’s “incompetence, fundamental unfairness and ethical concerns.”
Houck said Baratta’s portrayal of the cases doesn’t accurately reflect what happened.
“He picks three cases. We’ve had over 10,000 cases and he’s wrong on all three,” Houck said.
One involved the case of Christopher Ferrante, who was charged with allegedly supplying drugs that led to the 2020 fentanyl overdose death of “Michael “Mikey” Racciato. Bail was originally set at $250,000. In 2022, Ferrante was released under $1 bail after Judge Morganelli would not give Houck a second trial delay. Said Baratta in a statement, “Was it negligent not to be ready for trial 15 months after Ferrante was arrested? Yes. Was it incompetent? I say yes.”
Houck defended his delay request, saying he needed time to get test results and arrange for expert testimony on xylazine — a drug that is mixed with fentanyl — that he said was found in Racciato’s system. Houck said he bought more time by filing an appeal of Morganelli’s denial. With the test results now in, he said he is ready to go to trial. He said Ferrante is not free to do as he pleases but is under GPS monitoring and other restrictions.
Baratta cited ethical issues in a case involving former Washington Township Police Chief Scott Miller, whose vehicle went off a road in January 2020, hitting a house. Houck said a tow truck operator alerted police, who filed no charges. About two weeks later when Houck found out about the incident, he ordered an investigation. Houck said it showed Miller had been eating and drinking at a restaurant for eight hours prior to the incident. Police did not do a breathalyzer test and police camera footage did not suggest Miller was impaired, Houck said. In addition, it had been snowing that night and roads were slippery, Houck said.
Houck ended up charging Miller with driving at an unsafe speed and failing to report the crash. Miller was found not guilty of the charges. Baratta said Houck didn’t give his ADA the support he needed to convict Miller. “Chief Miller was cleared on all charges. I don’t know if he got preferential treatment because he was a chief of police. Maybe because Houck was a Philadelphia police officer for ten years in the 1980s, back when the Department was known for issues regarding corruption and protecting the blue line,” Baratta said.
Houck defended his decision, saying it’s difficult if not impossible to win a DUI case without evidence. “We didn’t have anything to arrest him for drunk driving,” he said.
He also said he doesn’t show favoritism to police, highlighting the March arrest of Lehigh University police officer Vincent Brunico.
The third example involved the case of Robert Gregory, who was charged in 2021 with allegedly driving while under the influence following an accident during which Houck said he struck three vehicles. Houck said Gregory refused a breathalyzer test. Houck said a drug recognition expert from Lehigh County was called to review Gregory at the scene. The expert was later allegedly involved in his own DUI incident, which led Houck’s office to drop the DUI charge at the November 2022 trial.
Baratta, who presided over the case, said Houck’s office didn’t disclose the expert’s arrest until the trial, resulting in Gregory sitting in jail because he was unable to post $3,500 needed to be released.
“Gregory sat for 11 months waiting for a trial that was never going to happen. On November 28, 2022, Gregory was found guilty of vehicle code violations and given a 45- 90 day sentence and he was released. He had been in jail for 11 months when he should have been there for only 45 days,” Baratta said.
Houck said his office found out about the DRE expert in August 2022. He said his office was under no obligation to let Gregory’s attorney know about a witness who wasn’t going to be called to testify.