A federal judge referred Philadelphia District Attorney Larry Krasner and one of his top assistants to federal prosecutors for an investigation into whether they committed crimes while overseeing a convicted murderer’s post-conviction case.
U.S. District Judge Paul S. Diamond issued the referral Tuesday after conducting evidentiary hearings into the Philadelphia District Attorney’s Office’s handling of Dennis Johnson’s effort to overturn his second-degree murder conviction.
Diamond also disqualified Krasner and Assistant District Attorney Matthew Stiegler from further participation in Johnson’s case, according to court documents reviewed by the Associated Press.
The judge said evidence presented during the hearings raised questions about whether Krasner or Stiegler engaged in perjury, conspiracy or obstruction of justice.
“I have thus reluctantly concluded that Philadelphia’s highest law enforcement official and one of his top assistants may have violated the law,” Diamond wrote.
Diamond referred Krasner, Stiegler and the district attorney’s office to the U.S. Attorney’s Office for the Eastern District of Pennsylvania for “investigation and other appropriate action.”
The referral does not constitute a criminal charge or establish that either official committed a crime. Federal prosecutors will decide whether to open an investigation, seek additional evidence or pursue charges.
The U.S. Attorney’s Office declined to comment on the matter, according to CBS News.
Krasner said he “respectfully and vigorously” disagreed with Diamond’s findings and legal conclusions. He announced plans to appeal when permitted.
“This remains a pending matter, which limits for now my and my office’s ability to respond in the media,” Krasner said.
Stiegler did not immediately provide a public response to the allegations.
The dispute originated with Johnson’s conviction for the 2007 killing of Kenyatta Smith during a robbery outside a North Philadelphia convenience store. A jury convicted Johnson of second-degree murder in 2009, and he received a sentence of life in prison without parole.
Johnson later argued that his trial attorney provided ineffective assistance. In 2022, Philadelphia prosecutors submitted a filing stating that Johnson was entitled to federal habeas relief and should have his conviction overturned.
Prosecutors reviewing the case this year reportedly identified what they considered significant errors in that position. They subsequently sought to withdraw the office’s earlier recommendation.
Internal disagreements followed over how the district attorney’s office should proceed and whether possible conflicts required referring the matter to the Pennsylvania Attorney General’s Office.
Four prosecutors testified that they recommended transferring the case because of potential conflicts involving Stiegler, according to the Philadelphia Inquirer.
Krasner allegedly rejected that proposal and said the office needed to remain involved to “protect the office.” Diamond wrote that employees accused Krasner of urging staff members to provide false information, protect Stiegler and blame a subordinate.
Staff members also testified that Krasner threatened “consequences” if they did not follow his instructions. Diamond characterized the alleged conduct as “troubling” and “disturbing.”
Krasner’s office disputed claims that he acted improperly, arguing in previous court filings that his decisions were legally appropriate and intended to ensure competent handling of the case.
The office also maintained that Krasner consulted outside legal experts and hired an independent attorney to represent its position. His attorneys argued that the decision over whether to transfer the matter belonged to him as Philadelphia’s elected chief prosecutor.
Johnson’s petition remains unresolved and on hold. Diamond ruled that the district attorney’s office may continue participating through other prosecutors, although Krasner and Stiegler are barred from taking part.
No federal charges had been filed against either official as of Wednesday. The referral now places the decision over any potential criminal investigation in the hands of federal prosecutors.
