About Me

My photo
Nazareth, Pa., United States

Thursday, April 13, 2023

UPDATED: Bonecrusher Baratta v. Houck the Hammer Cage Match on PBS-39


Public television meet WCW! Was it retired Judge Steve Baratta or Baratta the Bone Crusher?  Was it District Attorney Terry Houck or Houck the Hammer?  It was a bit of both during a lively debate hosted by PBS39 (simulcast on WLVR 91.3) last night. Moderators Tom Shortell and Jen Rehill dished out questions from behind bulletproof glass while the candidates clashed inside an iron cage. Public broadcasting will never be the same. At the end of an hour, one person was still standing - Terry Houck. He won the debate and will win the Democratic (and possibly Republican) nomination.

Baratta Queried About Negative Campaign

Baratta started the debate by attacking Houck, claiming the DA''s office is in disarray and that he's losing cases while he and his top assistant make money from outside sources. 

Houck retorted that his office has a 90% conviction rate, and that cases coming into his office have dropped 20% in the three years he's been District Attorney. He argued that if his office was in such disarray, "these numbers would not be showing."

He acknowledged that his top assistant, Richard Pepper, puts in 50-hour weeks and is "one of the hardest workers I have."  

Baratta was asked by Rehill whether the negative tone he has taken is "conduct becoming of a distinguished officer of the court."  Baratta responded that's why he stepped down from the bench to run for district attorney, calling the office a "trifecta of corruption." "I stepped down from the bench to step up to run for district attorney because no one was confronting Mr. Houck." Rehill pressed Baratta, and he said his conduct "is becoming of a candidate for this office to point out what the flaws are and the reason why I'm running. I couldn't do that as a judge."

Shortell followed up by asking Baratta why, if things are so bad in the DA's office, he failed to do anything as a judge. Baratta responded he only learned of the problem in his final two months as a judge, and then accused Houck of "malfeasance not appropriate for a chief law enforcement officer."

Thin Blue Line Flag   

Shortell then questioned Houck about the thin blue line flag he displays in his office. To most of us, this represents solidarity with police officers who have lost their lives keeping us safe. But in the latest salvo in our culture wars, the LAPD has banned its use because it is used by right wing extremists and some might find it offensive.

Houck responded that he's met no one who finds that flag offensive. He explained that it was a gift from the Sheet Metal Workers union. in 2020 in gratitude for his work as a Philly cop. "There hasn't been a person who came into my office who's ever questioned that. They know I work closely with police. "It's why we get the results we get."  He added that all local Fraternal Orders of Police have endorsed him.  

Gun Control

Both candidates were asked about gun control. He believes all guns, including ghost guns, should be registered. He worries about assault-style rifles being pulled on cops during traffic stops. He said that when a police officer makes a stop, he needs to know if the person is carrying.  

He added he has a unique perspective when it comes to guns. For years before he became a prosecutor, he patrolled the streets of Philly as a beat cop. He saw first hand the difference between a gun in the wrong hands and a gun in the right hands. "Within the span of a few seconds, a gun almost cost me my life and a gun saved my life."  He was referring to someone who pulled a sawed off shotgun on him and attempted to fire. The shotgun misfired. Houck's service revolver worked. 

Baratta criticized the gun buy back programs that Houck conducts as inadequate. He said there are 450 million guns in this country, of which 25 million are assault weapons. "Buy-back of old weapons and giving people a $100 gift certificate at Walmart, although it's noble and good to get guns off the street, really isn't going to make a dent on what's going on." He argued there should be no negotiated pleas for crimes committed with guns.  He noted that gun violence is now the leading cause of death among American children, and it's time to pass the Keep Americans Safe Act, which would ban high capacity magazine: and Protecting Our Kids Act, which bans ghost guns. 

Houck responded that, in a recent gun buyback program, he raked in hundreds of pounds of ammo as well as 300 guns, including semi-automatic rifles. "There is no doubt in my mind that we prevented accidental death." 

Death Penalty

Baratta supports Governor Josh Shapiro's moratorium on the death penalty. He said the "law has to be fair," but it "discriminates based on class and race." He added there is an "unacceptably high error rate," and that states with the most murders have the death penalty. "Unless the law changes, I am not going to apply the death penalty."

Houck has no quarrel with the Governor's moratorium but the death penalty "is part of our law and I will follow it. I will not ignore it, as my opponent professed to do." He said it's not his job to pick and choose what laws to follow.  He said that two defendants, who happen to be white, were convicted by a jury and sentenced by a jury to death. There are appeals pending. He argued it would be inappropriate for him to tell the families of homicide victims that "[b]ecause of my arbitrary beliefs, I will not pursue [the death penalty]. I will not do that to victims. We have children who are killed in drive-bys. We have school shootings all the time. We have this law available. I will enforce it." Baratta said he'd explain his position to the families, acknowledging it might be a "difficult conversation." 

No Cash Bail 

Baratta railed that hundreds of people languish in jail each year because they are unable to post bail. "They have to sit, plead guilty and get time served so they can go home." He supports noncash bail. "Cash bail discriminates against the economically disadvantaged. ... If I'm the DA, I'm going to advocate for [noncash bail], and I'm going to tell these judges that we don't want these people in jail because they're not a threat to the community." 

Houck responded that there is a bail policy in place for nonviolent offenders. Defendants are interviewed by pretrial services before bail is set, with nonmonetary bail as the default option for 24 separate offense. "This grandstanding about noncash bail is nonsense." He said defendants are "seen immediately by our wonderful pretrial probation department, where they are evaluated and then bail is set appropriately."  

Northampton County did revise its bail policy several years ago, as Houck stated. Baratta was President Judge at the time so it's a bit surprising that he neglected to mention this successful program, which essentially is a no cash bail program that he started. 

The Coin Flip Argument

Baratta contends Houck loses about half of his jury trials, even though the overall conviction rate is 90%.. "When you look at the stats, you know it's a coin flip when a Defendant walks into the courtroom that he's going to walk home at the end of the trial." 

Houck denied this accusation. "If this were true, if anything he was saying was even remotely true, everybody would be taking jury trials. That doesn't happen because they know better. When we have a case, we take it in and we fight, and I'm proud of each and every assistant district attorney we have that does that very thing."

UPDATED 3:07 PM with a video of the debate. 

46 comments:

Anonymous said...

I had intended to vote for Baratta but because of the negative campaign he's been running I'll be voting for Houck. Baratta is offering nothing but mud. Baratta seems to have some kind of personal vendetta against Houck. Very unprofessional. Did Houck piss on his shoe in a public restroom?

Anonymous said...

This Baratta almost sounds like a Soros DA, although at our county's low profile, he probably isn't. I wonder what his ruling record as judge has been. As a Republican, I don't have a dog in this fight , but if I did, I'd stick with Houck.

Anonymous said...

Houck is neither sharp nor honest. But Baratta is a radical Soros DA candidate. Bernie denies they exist. But he hates Baratta and lets these comments stand in this case. Regardless, Baratta is a dangerous and vicious paid-for hack. Want Philly and Chicago and NYC policies that have unleashed holy hell on those places? That's what Baratta wants. Houck wins easily with Republican votes because Baratta is a dangeorus radical. Baratta hopefully decides to retire for good and move far away, perhaps out of our country that he hates so much.

Anonymous said...

All I know is I'm taking 25 homemade wooden guns that meet the definition of 'firearms' and I'll be getting groceries for a year. Thanks!

Anonymous said...

Baratta has been nothing but a lying blow hard his entire campaign. He appears angry, desperate, and has shown he doesn't know what the DA responsibilities are. But even worse then Baratta is his campaign manager, or whatever his role is, Raymond Lahoud. Lahoud is obnoxious, rude, and acts like a child. During Bernie's event for Houck and Baratta, Lahoud did nothing but incessantly talk and kept saying disparaging things when Houck spoke. Put Baratta and Lahoud together and you got yourself nothing but a big fat ZERO!

Anonymous said...

Did anybody ask them what an assault weapon is? What makes it an assault weapon?

Anonymous said...

Having seen two debates, Baratta comes off as unhinged. No thanks.

Anonymous said...

Houck is the better candidate. Baratta comes across as thin skinned and obstinate. The bail thing he cries about sealed it for me.

Anonymous said...

I have been undecided about this race for a while. But after last night I'm definitely voting for Baratta. I've always known that Terry was a moderate Dem and it bothered me that he's so pro-death penalty and that unlike Baratta he won't openly support gun reform (he hides behind "I can only enforce laws on the books").

I might have given those issues a pass, but the fact that he is so proudly running a Republican write-in campaign was the final straw. If you're a Dem you have to ask yourself: What is he telling/promising Republicans to get them to vote for him? Instead of reassuring the Dem base that he's a good progressive worthy of reelection, he's hedging his bets and selling out to Republicans.

If you're a progressive Dem you should be really concerned about that. So, I'm gonna give Baratta a shot.

Anonymous said...

It sounded to me like the very things Baratta is proposing has already been done by Houck. I didn't like the negativism of Baratta. He looks like a very bitter man. Why would someone want to give up a "Judgeship" that pays $200,000.00 and is considered one of the best jobs in the County to run for D.A.? I don't get it.

Bernie O'Hare said...

" unlike Baratta he won't openly support gun reform (he hides behind "I can only enforce laws on the books")."

Actually, it was Baratta who stated he can only enforce the laws that are on the books, which is correct. It struck me that the positions of Hopuck and Baratta on gun control were similar. The Keep America Safe Act is supported by Baratta, and Houck believes ghost guns and assault-style rifles need to be registered.

" he's so pro-death penalty"

I wouldn't put it like that, but Houck explained last night that he considers it his duty to seek it when there are aggravating factors and does not think it would be appropriate from him to tell the families of people who were brutally murdered that he's not seeking it bc of his personal beliefs. I personally oppose the death penalty and always have myself. But the remedy is at the legislative level. We elect prosecutors to enforce laws, not make them.

"the fact that he is so proudly running a Republican write-in campaign was the final straw"

He is following the same tactic used by many Democrats and Republicans in the past, including John Morganelli. He is trying to ensure that the campaign ends in May. How does he know that Baratta is not doing the same thing? Actually, Baratta should be trying to get on the R ballot as well. A DA should represent everyone, not just progressive Dems.

I find it interesting that the Baratta supporter making this argument for progressive Dems on Facebook - Ray Lahoud - was himself a Republican until recently.

Bernie O'Hare said...

" Why would someone want to give up a "Judgeship" that pays $200,000.00 and is considered one of the best jobs in the County to run for D.A.? I don't get it."

He explained last night that he's running bc he loves the county nd is very bothered by the corruption in the DA's office. I believe Steve is sincere. I also know there are 9 judges and only one DA. It is in reality a much more powerful position and almost pays the same as a judge.

I believe there are a few other factors driving his decision that he may be unwilling to see. First, he was encouraged to run by Morganelli. John denies this up and down, but he just can't help himself. He is a political animal. Second, the atmosphere among the judges had become very negative for him. I believe he's on nonspeaking terms with several of them. Based on his negativity in this race, I can see why. I wonder if he does.

I believe Steve is very sincere and has much to offer, but that he needs a long, long vacation.

Bernie O'Hare said...

"ring Bernie's event for Houck and Baratta, Lahoud did nothing but incessantly talk and kept saying disparaging things when Houck spoke."

I was unaware of this. Had you brought it to my attention, I would have asked Ray to behave or leave. I have sent Ray a text message telling him I hope your claim is untrue. I also chided him for misrepresenting Terry as claiming he is a Republican. I told himhe should leave the lies to bloggers like myself.

Bernie O'Hare said...

"This Baratta almost sounds like a Soros DA, although at our county's low profile, he probably isn't."

He isn't. He stated last night that he believes in no deals for crime violence or drug crimes. I think Terry, as a former cop and as a prosecutor who has been doing this for nearly 40 years, is a but more knowledgeable and has taken steps that have resulted in a 20% crime drop (in terms of prosecutions brought to his office) in the three years he's been DA.

Anonymous said...

" unlike Baratta he won't openly support gun reform (he hides behind "I can only enforce laws on the books")."

This statement is absolutely stunning to me. Let me get this straight. You want him to charge people with gun crimes that aren't laws and on the books? Unreal. Is this how democrats really feel is to lock people up for fake crimes? If you want more gun laws how about you run for office and propose them through conversation/debate besides being a tyrant and suggesting to abuse your power. On second thought don't run for office because you are crazy commie.

Bernie O'Hare said...

11:39, That is NOT how Baratta or Houck think. They both at times said they can only enforce laws that exist. They both said they would divert possessions of a small amount of marijuana crimes. They disagreed on the death penalty. Terry would pursue the death penalty when the circumstances are right, while Baratta would not bc he feels the death penalty as written is unfair. Neither advocate creating crimes that don't exist. Nor do I or most Democrats. We are not all Alvin Bragg.

Anonymous said...

Mr. Houck, I am someone who finds the thin blue line flags to be questionable if not downright objectionable. OF COURSE we should generally appreciate and respect the law enforcement function, but making a point of displaying that flag suggests--to me, anyway--that whatever the police may do should be supported. Nuh uh.

Anonymous said...

@7:33, From what I know, Lahoud is the Baratta link to George Soros. Lahoud is friends with Alexander Soros who is George Soros son. There were pics in the NY Post last year of Lahoud and Alexander Soros partying and eating in new york city and social media pictures of them golfing in the UK. Lahoud, Soros and his Soros son are big contributors to superpacs. They are the money men. The campaign filings I got from the election office have Robert Donchez as Baratta's campaign chair person. TJ Rooney's son is managing Baratta's campaign with all kinds of outside consultants.

Anonymous said...

I want to thank PBS39 for hosting the debate last night. Thanks to you as well, Bernie, for covering this event on your blog. It's troubling how little media attention these races get.

I'll be voting for Terry Houck. He came off as professional, informed and thoughtful. Stephen Baratta just seems like an angry old man, snapping and snarling at everyone without detailing how he'd actually fix things.

Anonymous said...

Statistics are funny things…90 percent conviction rates include summary pleas that are a result of withdrawing misdemeanors and even felony offenses. Also arrests in the last three years have been down due to the Covid-19 Pandemic.

Anonymous said...

I think Mr. Baratta is very frustrated at how the office has turned out. Under the prior adminstration, the office had great morale and ran very smoothly. Now, the DA’s office is a big joke and that is very clear information across the courthouse. Current administration does not care for their staff and prosecutors.

Anonymous said...

I didn’t post about Raymond Lahoud after the Bernie Summit, but I went home and Googled him. He was an obnoxious brat to the point I got on him to pipe down. There was an exchange between two people and Lahoud seemed to want to stir the pot, making it look like something out of Real Housewives. When I read he is an esteemed lawyer, I laughed, then cried that the profession has devolved to include a jerk like him.

Anonymous said...

I noticed that Baratta’s very specific factual ethical attacks are rarely answered with a defense, or a rational explanation of the ethics at issue. It is not effective advocacy for Houck to call them lies, or nonsense, or his more emphatic,” utter”nonsense. Perhaps the final straw for me is Houck cynically running a write-in Republican campaign. When Baratta brought that allegation that Houck was planning to do that, I was waiting for his reflexive response of lie, or nonsense… it was the one time I was hoping to hear those refrains…alas, he is doing just that.

Bernie O'Hare said...

I've known Ray Lahoud a long time. He and I disagree about this race, but that's ok. He is a good person who has done a lot for people his entire life. He could be on Wall Street but instead represents people who would like to come to America. He is a very passionate person. Had I seen him acting out, I would have chided him. I did not see it, nor was it brought to my attention. I did contact him and he denies anything beyond the usual exuberance I saw from many. Now he is not a candidate nor is he a public official. If you want to attack him any further, I must insist you identify yourself. That is only fair.

Let's focus on the candidates and not the supporters.

Bernie O'Hare said...

"I noticed that Baratta’s very specific factual ethical attacks are rarely answered with a defense, or a rational explanation of the ethics at issue"

I 'll disagree. Houck spent a great deal of time answering specific allegations with specific responses. In fact, what troubles me about Baratta is that hw keeps repeating these attacks after they've been disproved. I'll have more on that later.

Anonymous said...

Ray Lahoud is a hunk. I’d let him tear me apart.

Anonymous said...

That's ridiculous. With that logic then how can you support anyone or anything as that thing might do something bad! The police deserve our support. We should all fly the flag but frankly afraid of people attacking me for doing it. How pathetic is that

Anonymous said...

Who would know better than a judge the actual problems in the current. DA's office? And after seeing injustices should we really question frustration and anger? After watching it behind the scenes it can be pretty frustrating and certainly lead to anger. Or is it passion?

Anonymous said...

Really? You must have been at a different debate- both times. I will send you the rules about Conflicts of Interest etc. if you would like.

Anonymous said...

Crawl out of Houck’s ass already BOH - it’s getting kind of pathetic - although the KOD is appreciated, have some integrity - the DAs office is a mess - there are racial issues, there is mistreatment of female members of the staff, there is a mass exodus of DAs office from Houck’s administration - while there used to be a line of people waiting to get in there under Morganelli
C’mon man,
Joseph R Biden

Anonymous said...

No surprises. Two lawyers doing what good lawyers do, making the case that they are the great and smart one and the other guy is incompetent and wrong. Steve Baratta has been around a long time, and it showed he seemed off his game. Houck was an excellent counter puncher. I feel that this campaign is one of the last gasps of the old Morganelli political machine. JM was and is a great politician and on a local level no one comes close to his skill level. He is smooth, smart and polished but he can cut you to shreds if he wants to and you will never see it coming. Baratta is a protege. IN Bethlehem there were many but Donchez was probably the last, just as Lisa Boscola.
Even McClure is a JM protege. The problem is that neither Baratta or McClure are as smooth as John. They come off as angry and mean. Especially McClure who has the charm of a buzzsaw. It is one reason he cannot create any coalitions in government.

The new wave is coming, especially in the democrat party. The old Democrats of moderation and common sense are fading away. The screaming Zirinski's own the future. Even McClure with his aggressive social media blitz will probably fall to some progressive women. The times they are a changing. Speaking of, would love to see a debate between Zirinski and the other democrat. Now that would be funny.

Anonymous said...

As someone who has lost a brother in the line of duty, I find it appalling that someone would question a thin blue line flag! How about the lgbtqrs flag which is shoved down our throats anymore? Or the Red thin line for firefighters? How about the green thin line for construction workers?

Anonymous said...

John Morganelli smooth? I say sleezy. There is nothing smooth about stabbing anyone in the back, especially one you call “friend”. For many years it appeared he and Terry Houck were friends. To learn JM was undermining TH during the prior election is disgusting and very disappointing. Many have mentioned this is typical JM, I personally had more respect for him, until now. He is not an honorable man. Barrata is a pansy and is so blind to how he is embarrassing himself. It is baffling that Barrata has no problem being the puppet to a puppet master who refuses to cut the cord to a position he once held.

Anonymous said...

I'm so sorry for your loss. Bless your brother for his service

Mike4ro said...

Republicans can write in Houck in the primary to get him on both sides of the ballot in the fall.

Anonymous said...

I doubt that Bernie hates Baratta. Their fathers were good friends and renegade politicians in their day

Bernie O'Hare said...

"I doubt that Bernie hates Baratta. Their fathers were good friends and renegade politicians in their day"

I like Baratta very much. He's a good man and I believe him when he says he loves the county. I like Terry more and believe he's an effective and professional prosecutor.

Anonymous said...

When Morganelli ran statewide for attorney general he was the only democrat on the state level to lose. That tells you something. Also in the county he ran unopposed. Outside the county he lost every race.

Anonymous said...

Thank you!

Anonymous said...

"As someone who has lost a brother in the line of duty, I find it appalling that someone would question a thin blue line flag! How about the lgbtqrs flag which is shoved down our throats anymore? Or the Red thin line for firefighters? How about the green thin line for construction workers?"

That post was mine. I stand by my position that the messages sent by the thin blue line flag include that the police always are right, no matter what. No one is saying that about LGBTQers, firefighters, or construction workers, so you're inventing a straw man.

LOTS of people feel this way, but we'd never say it to your face because you'd go nuts and do something like use it as an excuse to--oh, I don't know--criticize the LGBTQ movement. And sorry about your brother, truly, but you shouldn't attempt to trade on that as a rationale for your various views.

Anonymous said...

Barrata doesn’t care about anything but the title it was blatantly clear during the debate. Terry faced the audience mentioned his family and victims family’s affected by crime. Terry Houck is a stand up person and his entire family was in the front row supporting him. Mr. Barratas wife was quoted saying she wants him to be home with his family. Even his wife isn’t supporting him.

Anonymous said...

As a comment..I'm not the person who posted any of this but your comment about what someone should or shouldn't do is an example of not respecting how people feel based on their own experiences. To think this person who lost their brother wants to "use" her loss as rationale for their views is distorted in that experience is what forms our views and this person experienced a great loss. What makes that wrong? We have to start respecting each other's opinions

Anonymous said...

Lahoud is a hottie. Handsome and smart.

Anonymous said...

How does a flag include that the police are always right?

Anonymous said...

When Baratta was a JUDGE, of course he was constrained to apply the law as it is. An elected District Attorney has the prerogative set priorities and allocate resources towards said priorities.

Apples and oranges.

And you know that, Bernie.

Bernie O'Hare said...

I never said that a DA is constrained the way a judge is. Of course he is not. Why are you attributing opinions to me that I have never uttered?