      I.

A.     Factual Background

       In February 2007, Mariemma Fiore told her husband, a police officer with the

Lehigh Valley Airport and Moore Township Police Department, that she wanted a

divorce. Mr. Fiore1 began acting erratically—behavior that escalated when Ms. Fiore

repeated her desire for a divorce on September 3, 2007.

       In September, the Fiores‘ relationship continued to deteriorate. On September 10,

Mr. Fiore‘s yelling during an argument caused his daughter and two of her friends to

become concerned that he would physically assault Ms. Fiore. Four days later, Jim

Cavallo (Mr. Fiore‘s former chief at Moore Township Police Department and a family




1
 We, like the District Court, refer to John Fiore as ―Mr.crisis hotline for her. Ms. Fiore subsequently met with officers at the Bethlehem Police

Department to apply for an emergency Protection from Abuse Order against her husband.

She told Officer Moses Miller, the police officer interviewing her, that she was afraid her

husband would kill her. Ms. Fiore also provided the officers with a written statement

describing the events of the preceding weeks.

       As required by county policy before making a domestic-violence arrest, Officer

Miller contacted the assistant district attorney in charge of the domestic-violence unit,

Jacqueline Taschner. After interviewing Ms. Fiore, ADA Taschner instructed Officer

Miller to charge Mr. Fiore with making terroristic threats and harassment. Officer Miller

conducted a follow-up investigation by interviewing Lopez.         Lopez confirmed Mr.

Fiore‘s reference to the