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Justice System

Judge refers Philadelphia district attorney to federal prosecutors for investigation

by Associated Press |

Philadelphia District Attorney Larry Krasner takes part in a news conference in Philadelphia, March 11, 2024.
Matt Rourke / AP

PHILADELPHIA — A federal judge referred Philadelphia District Attorney Larry Krasner to the U.S. Department of Justice on Tuesday for investigation into whether he broke the law while overseeing a post-conviction case.

U.S. District Judge Paul S. Diamond disqualified Krasner and Assistant DA Matthew Stiegler from participating in the case involving Dennis Johnson, who is seeking to have his second-degree murder conviction overturned.

Diamond also took the unusual step of recommending that the DOJ investigate whether Krasner committed any crimes, including perjury and obstruction of justice, according to court documents.

In a memorandum referring the matter for “investigation and other appropriate action” the judge said “troubling” activity by Krasner and Stiegler was uncovered during recent evidentiary hearings into how the DA's office handled the Johnson case.

That included allegedly pressuring staffers to lie to Diamond in court and threatening “consequences” for those who did not follow Krasner’s orders, the judge wrote.

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

Krasner said in a statement that he “respectfully and vigorously” disagrees with the decision.

“I look forward to appealing to the higher court as soon as the law allows,” Krasner said, adding that he could not comment further because the case is pending.

Stiegler did not immediately respond to messages seeking comment.

The U.S. Attorney's Office for the Eastern District of Pennsylvania also did not immediately reply to inquiries seeking details about the potential investigation.

Johnson was convicted in 2009 of killing Kenyatta Smith. In 2022 the DA's office made a court filing stating that Johnson was entitled to habeas relief based on ineffective assistance of counsel.

Court documents show that DA employees told Krasner the case should be directed to the Pennsylvania Attorney General’s Office due to potential conflicts of interest involving Stiegler. Krasner opposed the move, saying he needed to stay involved to “protect the office,” according to the documents.

Johnson’s petition remains on hold. Diamond said the DA’s office could continue to handle the case moving forward, but it is not immediately clear which prosecutor might take it on.