Pennsylvania- A Lehigh judge dismissed prostitution charges against a spa owner after ruling that police sending a paid undercover civilian to the spa four times for sex with workers was outrageous, embarrassing and unnecessary to the investigation.

The case could have implications in the way authorities proceed with future prostitution investigations, given the number of spas fronting as brothels turning up in this area.

On Jan. 24, Judge Robert Steinberg dismissed prostitution charges against Sun Cha Chun, 53, of Cross Kill, N.J., the owner of Shiatsu Spa in North Whitehall Township.

Steinberg ruled that sending a paid informant to the business four times between June and July 2006 constituted a “smorgasbord of sexual activity [that] violates principles of fundamental fairness.”

The case was dismissed “due to outrageous government conduct.” Lehigh District Attorney James Martin is expected to appeal.

Using an undercover civilian in these types of investigations is not unheard of.

Last summer, for instance, state police from Bethlehem’s vice unit hired a citizen for a similar raid at 7 Day Spa on Route 113 near Route 309 in Hilltown Township.

Robin Ruch was sent to the spa twice. On at least one occasion, June 28, he was given $260 to see if a spa worker would perform a sex act for cash.

Spa manager and masseuse Yan Cui did, and she was arrested. The 47-year-old New York woman was charged with prostitution and running a house of prostitution. She was ordered to complete Accelerated Rehabilitative Disposition, a program for first-time, nonviolent offenders.

Hilltown police Chief Chris Engelhart was not familiar with the Lehigh case, but said it would be one thing if the judge felt police sent the informant to the spa too many times, but quite another if the investigative tactic was being questioned.

“Obviously if he’s saying the entire process is flawed that would concern me,” said Engelhart.

The ruling would have no impact on the Hilltown case, he said, since it is closed and “beyond any appeals.” Going forward with other cases could be another story, however.

In prostitution cases, using undercover officers is preferable, said the Upper Bucks police chief, but sometimes not possible. Stopping the investigation at the point the solicitation is made and not going forward with the sex acts is also preferable but sometimes impossible to avoid, he said.

These women are savvier about the law, said Engelhart, and some “don’t ask for money until after the act.”

In the Hilltown case, police said Cui asked Ruch after his massage if he wanted “extras.” He said yes, they had sex and, afterward, Ruch asked how much he owed. Cui said, “Whatever,” and Ruch handed her another $40, he told the court in August.

As for the number of times undercover informants are sent to these businesses, Engelhart said, “You try to show a pattern, that it’s not just a one-time deal. You need multiple times in there.”

In the Lehigh case, Chun’s attorney, Maureen Coggins, had filed a motion to dismiss the case “due to outrageous government conduct.”

Steinberg agreed, writing that police “permitted the sex to continue even after having enough evidence for an arrest” and that a search warrant and charges could have been filed after only an agreement to exchange sex for cash. Going through with the acts was not necessary, he said.

Steinberg also took issue with paying the informant $180 for his “time,” on top of the $360 he was given to pay for sex on four occasions.

The judge’s opinion also references a taped debriefing the informant had with police after a visit, which “reveals both banter and laughter between the citizen and police.”

“Neither the prostitution activity inside Shiatsu Spa nor the police decision-making is to be condoned,” wrote Steinberg. “We expect more from the police, and demand that they conduct their investigations and utilize their resources without resorting to such embarrassing investigative techniques.”