Judge Refers Philadelphia’s Progressive DA to DOJ for Review
Qwenews.com – Judge refers Philadelphia s progressive district attorney Larry Krasner and a senior prosecutor in his office to the Justice Department for possible criminal investigation, according to a federal court opinion involving the review of a 2009 murder conviction.
U.S. District Judge Paul Diamond issued the referral after considering testimony and evidence in the case of Dennis Johnson, who was convicted of second-degree murder in 2010 and sentenced to life in prison. Diamond’s 40-page opinion raised potential concerns about false statements, perjury, obstruction of justice and conspiracy.
“The credible evidence is tantamount to a prima facie showing of conduct that may constitute false statements, false declarations made under oath, perjury, obstruction of justice, and conspiracy.”
Diamond wrote that he made the decision reluctantly. He also removed Krasner and Matthew Stiegler, head of the Philadelphia District Attorney’s Office Conviction Integrity Unit, from further participation in the underlying case.
Dispute grew from a challenge to a murder conviction
Johnson sought to challenge his conviction about 15 years after he was sentenced. Witnesses had later recanted, and Johnson argued that he received ineffective legal representation during the original case.
The court found that the District Attorney’s Office initially appeared prepared to concede Johnson’s claim after communications between Stiegler and the defense. A junior prosecutor was assigned to prepare a filing supporting that position.
Before a hearing, four supervisors reviewed the underlying materials. One concluded Johnson’s legal argument was unlikely to prevail, while Diamond found the junior prosecutor’s filing included significant errors.
The prosecutor was later asked to withdraw the filing and accept responsibility in court. She resigned instead. In her resignation letter to Krasner, the judge said, she accused Stiegler of using her to pursue concessions in disputed-detention cases regardless of their merits.
Judge describes conflict inside the DA’s office
The case became an internal dispute among senior prosecutors. Four supervisors alleged that Krasner and Stiegler had interests that conflicted with the office’s duty to fully explain the withdrawal of the filing to the court.
After the junior prosecutor resigned, Diamond found that Stiegler urged the supervisors to place responsibility for the faulty filing on her. The supervisors later met with Krasner to discuss the office’s response.
According to the opinion, Krasner suggested examining the former prosecutor’s other cases for errors and portraying any findings as a broader pattern.
“I think that we should go through [the junior prosecutor’s] cases, find mistakes that she made in other cases, say that this was a pattern by her, and then file something with the Court saying that.”
The supervisors objected and proposed referring the matter to the Pennsylvania attorney general’s office because of what they viewed as a conflict. Diamond wrote that Krasner rejected the proposal. The opinion also recounts testimony about Krasner’s remarks concerning the attorney general’s office.
Krasner says he will contest the ruling
Judge refers Philadelphia s progressive prosecutor at a moment when Krasner’s approach to criminal justice and conviction reviews has already drawn national attention. A former civil rights lawyer, Krasner has become one of the country’s most prominent progressive district attorneys.
Krasner strongly disputed Diamond’s findings and conclusions. His office said he intends to challenge the ruling.
“I respectfully and vigorously disagree with the court’s findings of fact and conclusions of law.”
The referral does not itself establish criminal wrongdoing. It asks the Justice Department to consider whether a federal investigation or prosecution is warranted based on the conduct described in the judge’s opinion.
Philadelphia DOJ Referral FAQ
What did the judge do?
The judge referred Krasner and Stiegler to the Justice Department for possible criminal investigation and removed them from further participation in Johnson’s case.
Does a referral mean anyone has been charged?
No. A judicial referral is not a criminal charge or a finding of guilt. The Justice Department would determine whether further action is appropriate.
What case led to the referral?
The dispute arose during the District Attorney’s Office review of Dennis Johnson’s effort to challenge his second-degree murder conviction and life sentence.
What happens next?
Krasner has said he disagrees with the ruling and plans to challenge it. Any decision about an investigation or prosecution would rest with the Justice Department.
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