Easton city councilwoman gets ARD in assault case; mayor denies politics played role in arrest

EASTON, Pa. — Easton City Councilwoman Taiba Sultana, facing charges of simple assault, was granted an Accelerated Rehabilitative Disposition or ARD, on Wednesday, setting up the case for eventual dismissal.

A Northampton County judge approved her entry into the program, which with successful completion will enable expungement of any criminal record.

“I would've preferred immediate dismissal, of course, but, like many people of color and poor people, I made the only option that was given to me to protect my family from the vicious attacks of those in power as well as keep my voice,” Sultana wrote in a statement released after Wednesday’s hearing.

“Now that this case is effectively settled, it is time to seek full justice through the same public channels that the machine has used to defame me and so many others.”

Sultana, 40, is campaigning for a state House seat representing the Easton-area's 136th District. She is challenging incumbent Democrat Robert Freeman in the upcoming primary election.

During Wednesday's hearing, Northampton County District Attorney Stephen Baratta told President Judge Craig Dally that Sultana’s prosecution, for allegedly assaulting her son last July, was at least partially influenced by politics.

"The case is twisted around a little bit” because of “political involvements with regards to this case," Baratta said, referencing "friction" between Sultana and Easton Mayor Sal Panto Jr. and police.

"Police are not willing to dismiss the charges," he said, but would agree for Sultana to enter the ARD program.

Baratta also told the judge he received a statement from Sultana’s son disputing much of what police allege.

Sultana’s attorney, Ettore Angelo, said the statement amounted to a “recantation,” and told the judge that she “never struck and never would strike” her son.

Outside of court, Baratta said he was merely explaining Sultana’s argument to Judge Dally, not making it himself.

“Possibly, if there were a trial, there would probably be some complaints that she may have been treated differently because of who she is or because of her past public comment about the administration and even the police,” he said.

“I don't have any evidence or information that [Sultana’s arrest] was retaliation. It's, I think, supposition on her part. Whether it was reasonable or not reasonable for her to believe that is not my concern.”

He contends that prosecutors had a strong case against Sultana, but that all parties determined that applying for ARD would be a better outcome than a trial.

An ARD agreement was originally negotiated between Sultana’s attorneys and former D.A. Houck, he said.

“Listen, I was ready to go to trial,” Baratta said. “I felt confident that the police could make their case.”

Baratta said he had received a flood of calls and messages from Sultana’s supporters over the last month arguing that the charges against her were politically motivated and urging him to drop them.

“If I thought [Sultana’s prosecution] was untoward, I would dismiss the charges. If I thought the charges were brought in bad faith, I would dismiss the charges,” he said.

'We have video evidence'

Easton Police Chief Carl Scalzo denied the arrest was politically motivated. He said his officers followed standard protocol for the call.

“We have video evidence from the body cam that shows exactly what happened that day that supports exactly what we did, which is my assumption of what the district attorney looked at when they agreed to let her go ARD," Scalzo said.

"And other than that, we were not involved in any of the decisions that were made from the prosecution side.”

Scalzo said, "I know apparently the district attorney said he received a letter disputing the allegations, but we have the victim on video telling us everything that happened.

"And that's what was obviously documented. We have his injuries documented. And you may or may not know, but when you have domestic violence, the law is very clear: If there are physical, visible physical injuries, arrests shall be made. There's no option for us."

The police chief also said he was present during the arrest because Sultana is a public figure, and he wanted to ensure the process was handled properly.

"The officers handled her the way they handled the victim, with compassion, with empathy, with professionalism," he said. "They did everything right.”

Scalzo said he found Sultana’s interpretation of the arrest as “a pretty serious allegation… of political corruption,” and he anticipates he and the police will have to respond officially in some capacity.

Asked what his plans were in that regard, Scalzo said, “We have video evidence to back that up in our possession.”

He said he is exploring the department’s options to address the accusations.

'Show me the evidence'

A police affidavit accused Sultana of slapping, punching, and head-butting her teen son in the face multiple times at their Vista Drive home, causing injuries. Her son also told police his mother punched him in the stomach, according to the affidavit.

She was charged with simple assault and harassment and spent a night in Northampton County Prison.

“I’m sure Ms. Sultana was not happy with how she was treated,” Baratta said in court.

Panto replied to Baratta's comments about politics by saying, “The city doesn't play politics. I've never played politics."

“And I'm very upset… because if he's going to make these allegations, he should have talked to me and have some evidence," Panto said.

"So show me the evidence. Show me an email, a phone call, a meeting — something.”

Panto, who has sparred with Sultana on different issues at Easton City Council meetings, said he “stayed out” of Sultana’s prosecution. He said he never was contacted or investigated by Baratta’s office.

Claiming the charges were politically motivated, he said, was a way for Sultana to deflect blame.

“She doesn't take responsibility for our own actions," Panto said. "And she always wants to blame someone else — it's either politics or racism or something of that nature.

"But it's never a reason for her to look at herself and say, ‘What can I do to be a better person?’”

Panto suggested that body camera footage of Sultana’s arrest would vindicate Easton police.

“It’s very simple, Mr. Baratta: You and Ms. Sultana give us permission, we will release the body camera footage that we have,” he said.

“Give us permission to release it to the public and let the public decide who is right and who is wrong.”

Easton Police Chief Carl Scalzo didn't immediately respond to request for comment.

'Same course as any other'

During Wednesday's hearing, Baratta criticized his predecessor, former District Attorney Terry Houck, for failing to approve an ARD application Sultana submitted last year.

Houck said Wednesday that he did, in fact, approve Sultana's application for ARD, shortly before he left office.

"I don't even know what politics he's referring to. Because, you know, we didn't make up these allegations," Houck said.

"These allegations were based on complaints that we received and went through the same course as any other."

After the hearing, Sultana tied her prosecution to a video she posted last May of Easton resident Lance Wheeler’s arrest during a donation drive for victims of the Ferry Street fire a few days prior.

“Our police department didn't like it. The police department chief didn't like it. They, and the mayor, both asked me to take down that video of his arrest. And I didn't do that,” she said.

"This is how everything started, and yeah, they ended up arresting me.”

Under the ARD program, a defendant neither admits nor disputes charges, but agrees to accept a judge's sentence.

Charges against a first-time offender can be dropped and wiped from their criminal record if they complete the terms of ARD, which often involves treatment or counseling.

Baratta said Sultana and her son already have attended counseling and successfully reconciled, effectively meeting the ARD program’s requirement.