Judge refers Philadelphia’s progressive district attorney to DOJ for prosecution

Judge refers Philadelphia’s progressive DA to DOJ review

Sandego.net – Judge refers Philadelphia’s progressive district attorney Larry Krasner and a senior prosecutor to the Justice Department for possible criminal review over the handling of a decades-old murder conviction. The referral was issued by US District Judge Paul Diamond after he reviewed evidence and testimony in the case of Dennis Johnson.

Diamond’s 40-page opinion said Krasner and Matthew Stiegler, who leads the Philadelphia District Attorney’s Office Conviction Integrity Unit, may have engaged in conduct raising questions about false statements, perjury, obstruction of justice and conspiracy. The judge sent the matter to the US attorney’s office in Philadelphia for consideration.

“I reluctantly concluded that Philadelphia’s highest law enforcement official and one of his top assistants may have violated the law.”

The ruling does not establish criminal liability and does not mean charges will be filed. It asks federal prosecutors to determine whether an investigation is appropriate. A representative for the US attorney’s office declined to comment, while Stiegler could not be reached.

Dispute grew from review of a murder conviction

Johnson was convicted of second-degree murder in 2010 and received a life sentence. Fifteen years later, key witnesses recanted earlier accounts, leading Johnson to seek a reversal of his conviction on the grounds that he had received ineffective assistance from his attorney.

The district attorney’s office initially supported reopening the case. Diamond found that Stiegler communicated directly with Johnson’s defense lawyers and assigned a junior prosecutor to draft a filing conceding the claim. Four supervisors who later reviewed the materials concluded that the legal argument was weak and that the proposed filing contained substantial errors.

One supervisor said Johnson’s claim was unlikely to succeed. The junior prosecutor was then asked to withdraw the filing and accept responsibility for its problems. She resigned instead.

In her resignation letter to Krasner, the former prosecutor alleged that Stiegler had used her to pursue a personal objective of conceding cases involving the legality of detention regardless of the strength of individual claims.

Judge cites concerns within the DA’s office

The opinion describes serious internal disagreement among senior prosecutors in the Philadelphia District Attorney’s Office. According to the ruling, four supervisors objected to the proposed court filing and questioned whether Krasner and Stiegler had personal interests in how the situation was presented to the judge.

After the junior prosecutor resigned, Diamond found that Stiegler encouraged the supervisors to place responsibility for the flawed filing on her. The supervisors later met with Krasner to discuss what had happened.

The judge’s order says Krasner proposed reviewing the former employee’s other cases, identifying mistakes and portraying them as a pattern in a court filing.

“[S]omeone gave me a really good idea. Actually, it was Matt, Mr. Stiegler, that gave me this really good idea. 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 opposed that plan, according to Diamond’s opinion. They suggested that the Pennsylvania attorney general’s office take over because they believed the Philadelphia office had a conflict.

Diamond wrote that Krasner rejected referring the matter to the attorney general. The ruling says Krasner called that office “evil” during one meeting and said someone needed to be present to “protect the office.” Supervisors also testified that he referred to everyone in the attorney general’s office as “Nazis” during another discussion of a possible referral.

What the DOJ referral could mean

Judge refers Philadelphia’s progressive DA to federal prosecutors, but the decision is a request for review rather than a criminal charge. Federal authorities may decide to investigate, decline to act or take other steps based on their assessment of the evidence.

Diamond removed Krasner and Stiegler from further participation in Johnson’s underlying case. The move is an unusual development involving Philadelphia’s elected chief prosecutor and the head of its Conviction Integrity Unit.

The judge concluded that the available evidence met the threshold for possible violations involving false statements, sworn false declarations, 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.”

Krasner has said that he strongly disputes the ruling. The former civil rights lawyer has become one of the nation’s most prominent progressive prosecutors, making the federal referral especially significant in Philadelphia and beyond.

Philadelphia FAQ

What happens after a federal judge makes a DOJ referral? The US attorney’s office can review the ruling and supporting evidence to decide whether an investigation is warranted. A referral alone does not require prosecutors to bring charges.

Can Larry Krasner continue serving as Philadelphia district attorney? The judge’s order removed Krasner from further involvement in Johnson’s case. The referral itself does not automatically remove him from his elected office.

Does the ruling affect Dennis Johnson’s conviction immediately? The ruling concerns the handling of Johnson’s challenge to his conviction. Any change to his conviction or sentence would depend on further court proceedings.