A district judge today dismissed all charges against three Nazareth men accused of plastering the borough with tiny "Fire Trachta" stickers targeting the police chief.

Jeremy Peters, 22, Trevor Gehret, 30, and Daniel Logothetis, 23, all of Nazareth, in June were charged for allegedly creating more than 250 stickers calling for police Chief Thomas Trachta's termination. They were also accused of placing them in such areas of the borough as street signs, fountains, newspaper dispensers, parking meters, mailboxes and benches.

The activity had cost the borough more than $500 to clean up.

All three were charged with criminal mischief, harassment, scattering rubbish and disorderly conduct. The judge threw out the criminal mischief charges against the three men and found them not guilty of harassment, scattering rubbish and disorderly conduct.

Nazareth police officer Daniel Troxell, prosecuting the case, failed to prove the disorderly conduct was a public inconvenience, that the trio acted in a criminal manner or the intent was hazardous or physically offensive in nature, according to District Judge Jacqueline Taschner, who presided over the 3 1/2-hour preliminary hearing.

"When you get into protected speech, it's a very, very fine line," Taschner said. "This is public speech and even if their intent was to cause Chief Trachta annoyance or alarm, the constitutional considerations outweigh them."

Nazareth police Chief Thomas Trachta

Taschner said there was no evidence to support the charges or an intent to damage property. She also told Trachta, present in the courtroom beside Troxell, to toughen up as a public official, saying he "needs to suck it up, cupcake."

Trachta was unavailable for comment immediately after the hearing and did not respond to a message.

Witnesses called by Troxell included a woman who testified she saw Peters and Logothetis with the stickers but couldn't recall which one told her they had plastered the borough. She also didn't think putting stickers on her car, when they asked her if it was OK, was a "big deal."

Another woman, who claimed to be deaf, was removed from the stand by Taschner as a witness because no sign language interpreter was present.

Defense attorneys Phil Lauer, Gary Asteak and Mark Minotti also poked holes in testimony from Joe Korba, an employee of a weekly newspaper, who wrote a complaint to the police department about a sticker on his company's newspaper box. Korba admitted Trachta had alerted him to the sticker via email.

Korba testified he didn't want the political statement associated with his newspaper but admitted he sent an email back to Trachta that he and the paper were "strong advocates for the First Amendment and free speech."

Louis Skrapits, a Nazareth parking attendant, testified to finding during his routine June 24 about 60 meters with the stickers on them and that he couldn't make out the time to enforce overtime parking. Robert Reimer, borough public works superintendent, said he asked worker Edward Statler to clean up the stickers in two full eight-hour shifts, which he testified cost the borough about $970 in labor, supplies and truck rental costs.

The worker testified he cleaned meters that didn't even have stickers on them, but did so anyway in case there was glue residue on them.

"You knew it was the police chief who instructed your boss to tell you to clean all these off?" Asteak, representing Logothetis, asked. "You also knew there was a movement in town of folks who didn't like Trachta, right?"

Statler responded, "I really don't know why they want him fired."

Asteak then grilled Statler if he asked utility companies and newspapers if it was OK to remove stickers from their private property; Statler said he didn't. He also questioned if the borough takes down posters of lost dogs, to which Statler replied yes, if they are outdated or obstruct traffic.

"But you don't bill the guy who lost his puppy or cat, right?" Asteak asked.

None of the three attorneys put their clients on the stand, and all asked Taschner to dismiss the case.

Minotti, representing Peters, referenced the case, Commonwealth vs. Moll, in which a man in 1988 damaged borough property. Minotti argued that case set a precedent because the state had to argue an actor was reckless in damaging property, such as with fire or explosives.

"We don't have anything here with fire, explosives or dangerous means," he said. "It was to send a message ... of First Amendment and constitutional rights. They didn't prove any criminal conduct here. I would ask you, your honor, to dismiss this case because nothing has been proven."

Asteak echoed the case was purely freedom of speech and not about tampering with the "ego" of a police chief in a small town.

Troxell in rebuttal defended the charges he presented, saying Korba was a victim and that borough taxpayers had to foot the bill. But a visibly irritated Taschner shut down the victim part, replying, "He (Korba) became a victim after he was contacted by the chief of police. Do not sugarcoat this."

Minotti asked Troxell if the stickers had said "Praise Trachta" or "Trachta for President," would he still have filed charges.

"Yes, it's littering," Troxell said. "It's a crime."

Asteak left Taschner's court in Palmer Township saying, "Free the Nazareth three."

"It was the right decision, and we're happy," Lauer said.

"Justice prevailed," Minotti said.