Federal judge refers Philadelphia DA Larry Krasner to DOJ for criminal investigation

A federal judge Tuesday referred Philadelphia District Attorney Larry Krasner to the U.S. Department of Justice, alleging the prosecutor may have broken the law while overseeing a post-conviction case involving Dennis Johnson.

Krasner and Assistant District Attorney Matthew Stiegler were disqualified from participating in the case, U.S. District Judge Paul S. Diamond wrote in a memorandum. Johnson is seeking to have his 2009 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.

Diamond began in May to hold evidentiary hearings that included testimony about potential conflicts of interest within the DA's office.

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.

"I respectfully and vigorously disagree with the court's findings of fact and conclusions of law," Krasner said in a statement. "I look forward to appealing to the higher court as soon as the law allows. This remains a pending matter, which limits for now my and my office's ability to respond in the media."

Stiegler did not immediately respond to messages seeking comment.

The U.S. Attorney's Office for the Eastern District of Pennsylvania declined comment.